Smt. Rewata Wd/O. Bhagwan Ingole And Others v. Union Of India, Through General Managersouth Central Railway, Secunderabad

30caf215.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 215/2023 IN FIRST APPEAL ST. NO. 19612/2022 Smt. Rewata Wd/O. Bhagwan Ingole And Others Vs Union Of India, Through General Manager South Central Railway, Secunderabad Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr D.S. Lambat, advocate for the applicants/appellants. Ms M.P. Munshi, advocate for the respondent.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 09/03/ 3.

1.

By this application, the applicants/appellants are seeking condonation of delay of 120 days in filing the appeal against the judgment and award dated 22/04/2022, passed by the learned Railway Claims Tribunal, Nagpur. 2.

Mr D.S. Lambat, learned advocate for the appellants submitted that though the compensation is awarded by the Railway Claims Tribunal, however, interest part is not awarded to the claimants and therefore, this appeal is preferred.

3.

The reasons mentioned in the application for condonation of delay is that the claimant being the widow and having the responsibility of other dependents, she could not take the decision to file the appeal for not granting the interest. Subsequently, she felt that she is entitled to receive the interest and therefore, she preferred the appeal. rkn

30caf215.2023.odt There is sufficient and reasonable cause for condoning the delay.

4.

Ms M.P. Munshi, learned advocate for the respondent, objected the application on the ground that delay is not properly explained.

5.

Heard both the sides. Perused the application. 6.

Applicants are claiming relief under the beneficial provision and therefore, they cannot be deprived from getting their rights of compensation resolve on technical grounds.

7.

In view of that, delay of 120 days in filing the appeal is condoned. Civil Application is disposed of. First Appeal St. No. 19612/2022 1.

Appeal be registered.

2.

Call for record and proceedings.

3.

Filing of private paper-book is dispensed with. 3.

Appeal be placed for final hearing after receipt of record and proceedings.

JUDGE Signed By:RAJESH K NANDURKAR rkn