Yaseen S/O Gafoor Gawali v. Union Of India Thr. General Manager, Central Railway, Cst Mumbai

2024:BHC-NAG:5539 1 87 caf840.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAF) NO. 840 OF 2023 AND CIVIL APPLICATION (CAF) NO. 1352 OF 2024 IN FIRST APPEAL NO. 607 OF 2021 YASEEN S/o GAFOOR GAWALI (Dead) THRU. Lrs SALMABI Wd/o YASIN GAVALI & ANR

VERSUS

UNION OF INDIA, THRU. ITS GEN. MANAGER, CENTRAL RLY., MUMBAI CST ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. R. G. Bagul, Advocate for the applicants. Ms. N. G. Chaubey, Advocate for the respondent CORAM : G. A. SANAP, J.

DATE : MAY 08, 2024.

1.

Learned advocate for the applicants seeks leave to withdraw this application with liberty to press CAF No. 1352 of 2024.

2.

In view of above, CAF No. 804/2023 stands disposed of as withdrawn. No costs.

Civil Application (CAF) No. 1352 of 2024 1.

This is an application for giving compensation amount to the legal heirs of deceased appellant - Yaseen Gafoor Gawali.

2.

The applicants claim to be the legal heirs of deceased/ claimant. It is stated that original appellant/claimant died on 23.09.2021. It is stated that the appeal i.e. First Appeal No. 607/2021 has been decided on 15.02.2023 and claim

2 87 caf840.23.odt for compensation has been allowed. Applicant no.1 is the widow of the deceased and applicant no.2 is the son of the deceased.

3.

The appeal has been finally decided. Compensation of Rs.8,00,000/- (Rupees Eight lakhs only) has been awarded. The only question before me is whether the applicants being the legal heirs, can be held entitled to get the amount of compensation ?

4.

In my view, the applicants are the legal heirs of deceased appellant. They have placed on record necessary documents. Applicant no.1 is the widow of the deceased. Applicant no.2 is the major son of the deceased. Applicant no.1 being the widow of the deceased-appellant, is entitled to get compensation after death of her husband. Therefore, in would be appropriate to allow applicant no.1 to withdraw the amount of compensation.

5.

Accordingly, the application is allowed. Applicant no.1 - Salmabi Wd/o Yasin Gawali is entitled to get the amount of compensation. The amount of compensation be paid to her.

6.

The civil application stands disposed of. No costs. ( G. A. SANAP, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 09/05/2024 15:50:39