Bombay High CourtCAF/3218/2017dispossed offdismiss for default

Vaibhav S/O. Rameshrao Koparkar v. Union Of India, Mumbai, Through The General Manager, Central Railway, Cst, Mumbai

2017-08-04Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

caf3218.17.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.3218 OF 2017 IN FIRST APPEAL NO.1047 OF 2016 (D) (Viabhav s/o Rameshrao Koparkar Vs. Union of India thr. The General Manager, Central Railway, CST, Mumbai) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri P.R. Agrawal, Advocate for Applicant/Appellant. Shri N.P. Lambat, Advocate for Respondent.

CORAM: DR. (SMT.) SHALINI PHANSALKAR-JOSHI, J. DATE: 4 th AUGUST, 2017.

This is an application seeking modification of the order dated 29.06.2017 passed by this Court.

It is submitted that as per the Notification dated 25.10.1997 for the injuries falling under Item 12, the compensation was awarded to the appellant of Rs.3,20,000/-. However, it is submitted that now in view of the recent notification issued on 22.12.2016, which came into effect from 01.01.2017, that amount is enhanced to Rs.6,40,000/-, and therefore, the appellant becomes entitled to get the said amount.

Learned counsel for respondent fairly concedes that in view of the recent Notification issued on 22.12.2016, which came into effect from 01.01.2017, the amount to which the appellant becomes entitled is Rs.6,40,000/-. Therefore, the order passed by this Court on 29.06.2017 needs modification and accordingly it is

caf3218.17.O.odt 2 modified and held that respondent is directed to pay compensation amount of Rs.6,40,000/- to the appellant with interest at the rate of 6% interest from the date of application 08.02.2012 till realization of the entire amount subject to the appellant furnishing deficit court fee stamp for the enhanced amount of compensation.

Application stands disposed of accordingly.

JUDGE NSN