Smt. Gita Wd/O Jagan Tadiya v. The Union Of India, General Manager, South East Central Railway, Bilaspur

1 20 caf 2302-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2302 OF 2025 IN FIRST APPEAL STAMP NO. 6590 of 2024 Smt. Gita Wd/o Jagan Tadiya Vs.

The Union of India, General Manager, South East Central Railway, Bilaspur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.R. Mankar, Advocate for the appellant Ms Neerja Chaubey, Advocate for the respondent CORAM : SHRI ABHAY J. MANTRI, J.

DATED : 04.07.2025 Heard.

2.

The applicant/appellant has filed this application to condone the delay of 481 days in filing the first appeal, for which learned Counsel for the respondent objected.

3.

The applicant stated that she is a widow and her breadwinner son died in the said accident; however, the Tribunal has rejected the claim of the applicant. The counsel submitted that due to the death of the son, the applicant was in trauma and she didn't know the legal proceedings, and therefore, the delay was caused. The reasons disclosed in the application are found satisfactory. Moreover,

2 20 caf 2302-2025.odt considering the aim and object of the beneficial legislation, I do not find substance in the objection raised by the learned Counsel for the respondent. 4.

Thus, considering the facts above, I deem it appropriate to give one opportunity to the applicant to contest the matter on merits, subject to a cost of Rs. 1000/- to be deposited with the High Court Bar Library, Nagpur, within two weeks. Accordingly, the application is allowed in the above terms.

5. Upon deposit of the costs, the appeal be registered.

FIRST APPEAL STAMP NO. 6590 of 2024 Heard.

2.

Issue notice to the respondents, returnable on 18/07/2025.

3.

Ms Neerja Chaubey, learned Counsel, waives notice on behalf of the respondent.

4.

Call for record and proceedings.

JUDGE Jayashree....