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

Order 16 cao 275-2021 in caf 852-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO.275/2021 IN CIVIL APPLICATION (CAF) NO.852/2020 IN FIRST APPEAL NO. 207/2019 (decided) Gopal Waman Chandekar (Dead) through L.R.'s, -VERSUSUnion of India, through its General Manger, Central Railway, Mumbai. Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri Neeraj Korade, Advocate h/f Shri T.S. Deshpande, Advocate for appellants.

CORAM : S.M. MODAK , J.

DATE : AUGUST 10, 2021.

Heard.

There were three appellants. Claim was filed before the Claims Tribunal for getting compensation on account of injuries caused to injured Gopal Chandekar. Appellant Rajesh Chandekar is his son, whereas the appellant Malabai is his wife. Appellant Lilabai Chandekar is mother of victim. The injured Gopal Chandekar expired so also Malabai. First Appeal is finally disposed of on 16/09/2019 in favour of the appellants.

This Court as per the order dated 06/11/2020 was pleased to direct the Nazar to distribute the amount to appellant Lilabai and Rajesh equally. Appellant Lilabai has already withdrawn her 50%. Appellant Rajesh expired on 07/02/2021. Copy of death certificate is annexed.

Order 16 cao 275-2021 in caf 852-2020 It is submitted that Rajesh expired without performing the marriage and Lilabai being grandmother is the only legal representative, that statement is accepted. In view of that following order is passed:

i) The Nazar is directed to transfer the remaining 50% amount to the account of appellant Lilabai Chandekar.

The Civil Application is disposed of.

JUDGE R.S. Sahare