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Bombay High CourtMCA/267/2021ca disposed off

Mujahid Shaikh S/O Salim Shaikh Bagwan v. Union Of India, Its General Manager, Central Railway, C.S.T., Mumbai

2022-01-13Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

1 66 mca 267-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION (MCA) NO. 267 OF 2021 Mujahid Shaikh S/o Salim Shaikh ..vs..

Union of India, through its General Manager, Central Railway, C.S.T., Mumbai - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms P.A. Thakre, Advocate for applicant Shri N.P. Lambat, Advocate for non-applicant CORAM :

SMT. ANUJA PRABHUDESSAI, J.

DATED :

13/01/ The appellant in First Appeal No.956/2018 has sought review of order dated 07/02/2020. By the said order, this Court (Coram: M.G. Giratkar,J.) had allowed the appeal and accordingly quashed and set aside the order of Railway Claims Tribunal, consequently allowed the claim application filed by the appellant and directed the respondent/Union of India to pay to the appellant compensation of Rs.2,40,000/-.

2.

Learned Counsel for the applicant states that right leg of the applicant was amputated below knee in an untoward incident. She states that in view of the circular dated 22/12/2016, the appellant is entitled for compensation of Rs.4,80,000/-. The statement is not disputed by learned Counsel for the respondent.

2 66 mca 267-2021 3.

Hence, the application is allowed. Order dated 07/02/2020 in First Appeal No.956/2018 is reviewed to the extent that the appellant is held entitled for compensation of Rs.4,80,000/-. The respondent shall pay the amount within two months at the adjusting the amount, if any, paid in terms of order dated 07/02/2012.

4.

The application stands disposed of.

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