Damodar S/O Rampal Biyani And Another v. Union Of India, Through The General Manager, Central Railway, Mumbai Cst

1 caf2101.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.2101/2019 IN FIRST APPEAL STAMP NO.22690/2018 Damodar S/o Rampal Biyani 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 101 days caused in preferring this appeal.

3] Apart from above, before the Tribunal evidence of Ulhas Deshmukh, Station Manager, who is examined as R.W.1, prevailed over for rejection of the claim. The claimants relied on the oral testimony of Kamlabai i.e. claimant who was not aware as to whether her son boarded a train because of which accident is caused though all other papers viz. licence, ATM card etc. were recovered. No journey ticket was noticed on the body of the deceased. The evidence of the claimant's witness does not repose confidence in the

2 caf2101.19 story put-forth for lodging claim and as such the appellants failed to prove that the deceased was travelling as bona fide passenger on the train in question. 4] That being so, no case for interference is made out. The application for condonation of delay is rejected. Consequently, the appeal fails. It is dismissed accordingly. No costs.

JUDGE Tambaskar.