Gopal S/O Waman Chandekar (Since Dead) Thr. Lrs. Lilabai Wd/O Waman Chandekar And Others v. Union Of India, Through Its General Manager, Central Railway, C.S.T. Mumbai

fa.207.19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.852 of 2020 in First Appeal No.207 of 2019 Gopal Waman Chandekar [dead], through L.Rs.

vs.

Union of India, through its General Manager, Central Railway, CST Mumbai =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Ms. Hemlata Dhande, Advocate for Appellant No.1. Shri S.K. Sable, Advocate for Appellant Nos.2 & 3. Shri Sharad Thakre h/f Shri M.M. Agnihotri, Advocate for the Respondent sole.

CORAM

: S.M. MODAK, J.

DATE : 6 th NOVEMBER, 2020.

Hearing was conducted through Video Conferencing and the learned Advocates agreed that the audio and visual quality was proper.

Heard learned Advocate Ms. Dhande for appellant No.1, learned Advocate Shri S.K. Sable for appellant Nos.2 and 3 and learned Advocate Shri Agnihotri for respondent sole.

This Court has enhanced the compensation which was granted by the Railways Claims Tribunal as per the judgment dated 16th September, 2019. The compensation was quantified to Rs.8,00,000/- along with the interest at the rate of 9 per cent to be paid in case of failure to pay within six months. Yet the respondent has not deposited the amount.

The compensation was claimed for injuries caused to victim - Gopal during railway accident. He is

fa.207.19 2/2 no more. Initially, his mother, wife and son moved this Court for issuing direction for disbursal of the amount. Wife - Malabai expired and other two applicants are the only legal representatives. They have agreed for distribution equally amongst them. I do not find any difÏculty. Hence, the directions:- 1.

Once the amount is deposited it be distributed equally amongst applicant Lilabai and applicant Rajesh.

2.

The Nazar to distribute the amount once deposited by transferring it to respective bank accounts on personal identification.

3.

The application is disposed of.

JUDGE *sandesh by Sandesh Waghmare Date:

2020.11.09 11:52:24 +0530 Sandesh Waghmare