Bombay High CourtCAF/2103/2019rejected at admission stage

Shri Sahebrao S/O Venkatrao Wagadre And Another v. Union Of India, Through The General Manager, Central Railway, Mu,Mbai Cst

2019-09-16Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 caf2103.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.2103/2019 IN FIRST APPEAL STAMP NO.16323/2018 Shri Sahebrao S/o Venkatrao Wagadre and another ..Vs..

Union of India through the General Manager, Central Railway, Mumbai CST - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Gayatri Dive, Advocate h/f Shri P.R. Agrawal, Advocate for the applicants / appellants.

CORAM : NITIN W. SAMBRE, J.

DATED : 16.9.2019 1] Heard.

2] There is a delay of 29 days caused in preferring this appeal.

3] The claim is rejected by the Tribunal based on the fact that the deceased Sadip had tried to get down from a running train at Shegaon station though the vehicle has no scheduled halt.

4] Apart from the fact that the deceased was found to be travelling without railway ticket which fact can be inferred upon analysis of evidence of A.W.2 - Sanjay Mahala, the evidence of the eye witnesses is also taken into account by the Tribunal for rejecting

2 caf2103.19 the claim of the claimants. No case for interference on merit is made out.

The inordinate delay caused in preferring this appeal is not explained. The application for condonation stands rejected. Consequently, the appeal also fails. It is dismissed accordingly. No costs.

JUDGE Tambaskar.