Sameena Begum Wd/O Shaikh Mujib And Others v. Union Of India Its General Manager, South Central Railway, Secunderabad (A.P.)

1 8 caf 359-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 359 OF 2021 IN FIRST APPEAL NO. 1335 OF 2017 Shameena Begum wd/o Shaikh Mujib and others ..vs..

Union of India, through it's General Manager, South Central Railway, Secunderabad - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.G. Bagul, Advocate for applicants Shri N.P. Lambat, Advocate for respondent CORAM :

SMT. ANUJA PRABHUDESSAI , J.

DATED :

11/02/ Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

By judgment dated 26/04/2018, this Court had allowed the appeal and directed the respondent-Union of India to deposit Rs.4,00,000/- before the Railway Claims Tribunal, Nagpur with interest @ 7.5% per annum from the date of the claim petition till the date of amount is deposited. Consequently, by order dated 28/01/2021, this Court, in view of the judgment in the Hon'ble Supreme Court in Union of India Vs. Rina Devi - AIR 2018 SCC 2362, directed the respondent to deposit the balance amount of Rs.2,71,545/-.

3.

Learned Counsel for the appellants states that the respondent- Union of India has deposited the entire amount and that the same invested in Fix

2 8 caf 359-2021 Deposit. She states that the appellants require the money towrds education expenses and other expenses of appellant nos. 2 and 3. In view of the reason stated in the application, 40% of the amount along with accrued interest is ordered to be paid to appellant no.1- Sameena Begun wd/o Shaikh Mujib. The balance amount of 30% each with proportionate interest accrued thereon to be invested in the name of the appellant nos. 2 and 3 respectively who are the minor children of the deceased. The said amount to be invested in any National Bank initially for a period of six years with further renewal till the date the appellant nos.2 and 3 attain the age of majority. The application stands disposed of.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE