The Union Of India, General Manager, Central Rly, Mumbai v. Shriram Zolbaji Bandhe And Other

1/2 15.caf.4096.2025 in fa.1440.2009.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 4096 OF 2025 IN FIRST APPEAL NO. 1440 OF 2009 (The Union of India V/s Shriram Zolbaji Bandhe & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Neerja Chaubey, Advocate for Appellant.

Ms. Rohini Mankar, Advocate h/f Mr. P. S. Mirache, Advocate for Respondent Nos.1 to 3.

--------------------------- CORAM : PRAVIN S. PATIL, J.

DATE : NOVEMBER 26, 2025.

.

The learned Counsel for Appellant states that the Appellant has already deposited the entire compensation amount in the bank account of Respondent Nos.1 to 3 respectively as per the order of Railway Claims Tribunal, which was modified by this Court.

2.

After perusal of the averments made in the Application, I have gone through the final order passed by the Railway Claims Tribunal dated 24/7/2009. The Railway Tribunal, while granting compensation of Rs. 4,00,000/- has directed the Appellant to pay Rs.1,00,000/- to the Respondent No.1 - Shriram Zolbaji Bandhe and Rs.1,50,000/- each to the Respondent No.2 - Rajesh Shriram Bandhe and Respondent No.3 - Aditya Shriram Bandhe.

2/2 15.caf.4096.2025 in fa.1440.2009.odt 3.

This Court, while deciding the present Appeal, has modified the Judgment of the Railway Claims Tribunal to the extent that the Claimants are entitled for the compensation of Rs.8,00,000/-. According to me, remaining amount of Rs.4,00,000/-, which was enhanced by this Court, are also required to be deposited in the same proportion as directed by the Claim Tribunal.

4.

In the circumstances, now it is pointed out that the Respondent No.3 is expired on 28/7/2025. According to the Applicant, he was unmarried at the time of his death and there are only two surviving legal representatives i.e. Respondent Nos.1 and 2 in the matter.

5.

In the light of this factual position, the amount, which was granted in the share of Respondent No.3 - Aditya Shriram Bandhe is allowed to be withdrawn by the present Respondent Nos.1 and 2.

6.

Civil Application stands disposed of in above terms. [PRAVIN S. PATIL, J.] vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 28/11/2025 10:56:44