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

3110mca416.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO.416 OF 2017 IN FIRST APPEAL ST. NO.5762 OF 2017 (Sameena Begum wd/o Shaikh Mujib and others vs. Union of India and another) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Ms. A.P. Murray, Advocate h/f Shri S.K. Sable, Advocate for applicants.

Shri A.M. Balpande, Advocate for respondent no.2. -------- CORAM : P.N. DESHMUKH, J.

DATED : OCTOBER 31, 2017 Heard Ms. Murray, learned Counsel for applicants, and Shri Balpande, learned Assistant Government Pleader for respondent no.2. None for respondent no.1 Union of India.

This application is filed by legal heirs of deceased Sheikh Mujib, who died of accidental death while travelling in Train from Nanded to Nizamabad on 24/5/2014.

It is submitted by Ms. Murray, learned Counsel for applicants, that claim of applicants was rejected by Railways Claims Tribunal against which they preferred appeal. However, due to their poor financial condition, they are not in a position to pay Court fee and have thus filed this application for permission to file appeal as indigent persons.

In response to notice issued by this Court, learned Assistant Government Pleader has placed on

3110mca416.17 2/2 record reports from Collector, Nanded, Assistant Commissioner, Municipal Corporation, Nanded and Tahsildar, Nanded certifying that applicants do not possess any immovable property in Nanded District. Having considered reports as aforesaid, it is established that applicants are unable to pay the Court fee. In the circumstances, application is allowed. Office to register First Appeal.

Issue notice to respondents, returnable on 21/11/2017.

JUDGE khj