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Bombay High CourtIA/3145/2026allowed

Chandrakant Kisan Satpute And ANR, v. Union Of India

2026-04-28Hon'Ble Justice Sharmila U. Deshmukh2 pages

2026:BHC-AS:6670 29 IA-3145-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3145 OF 2026 IN FIRST APPEAL NO. 2298 OF 2025 Chandrakant Kisan Satpute and Another ...Applicants

Versus

Union of India

...Respondent

------ Mr. Ashutosh Khandeparkar for Applicant.

Mr. Niranjan Shimpi for Respondent.

------ CORAM : SHARMILA U. DESHMUKH, J.

DATE : 28th APRIL, 2026 P. C. :

1.

Interim Application has been preferred for permission to original Claimants to withdraw the compensation amount of Rs. 8,00,000/- deposited by Appellant before the Railway Claims Tribunal pursuant to the Award dated 29th August, 2024 passed by the Railway Claims Tribunal.

2.

The claim application arose out of an accident which the Railway Claims Tribunal has held to be an untoward incident within the meaning of Section 123(c)(2) of Railways Act, 1989. 3.

Accepting the case of the Claimant, the Railway Claims Tribunal has awarded amount of Rs. 8,00,000/- towards compensation. Sairaj 1 of

29 IA-3145-2026.doc 4.

The First Appeal has been filed at the instance of Railways challenging the said Award.

5.

Considering that claim arises out of fatal accident and the Applicants are parents of the deceased, it would be appropriate, if the Applicants are permitted to withdraw the amount deposited before the Railway Claims Tribunal with an undertaking that in event, the Appeal succeeds, the amount will be returned within period of four weeks from the date of order, if any.

6.

In the above terms, the Interim Application is allowed. [SHARMILA U. DESHMUKH, J.] Sairaj 2 of