Allowed

Nisha Ajit Bhonsle and Ors. v. Union of India

Bombay HC21 Nov 2007FA/2594/2007

Case brief

AI extract

What is this about?

The High Court dismissed the appeal, holding that the Railway Claims Tribunal adopted an overly hyper-technical approach in dismissing the claim. The Tribunal was directed to restore the petition to allow amendment of the date of the incident and decide the matter on merits.

What did the court decide?

Impugned order dated 17th October 2005 is quashed. Claim petition restored; appellants allowed to amend the date of incident. Themember's Tribunal to decide on merits by 21st January 2008.

Nisha Ajit Bhonsle and Ors. Vs Union of India — Writ and Judicial Review | Bombay HC (2007)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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FIRST APPEAL NO. 2594 OF 2007.

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Nisha Ajit Bhonsle & others.... Appellants.
Versus.
Union of India
thorugh General Manager,
Central Railway, CST, Mumbai.... Respondent.

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Shri Kuldeep Singh for the Appellants.

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Shri T.J.Pandian for the Respondent.

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CORAM : ABHAY S.OKA, J.

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DATED : 21st November, 2007.

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P.C.:

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1.Admit. The Advocate for the Respondent waives
service. Considering the facts and circumstances of the
case, the Appeal is taken up for hearing.

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2.The Appellants are the Applicants who filed an
Application before the Railway Claims Tribunal for grant
of compensation of a sum of Rs.4,00,000/- on account of
death of one Ajit Bhonsle in an accident arising out of
an alleged untoward incident. The claim petition filed
by the Appellants has been dismissed by the impugned
order on the ground that at two places in the claim
petition two different dates of occurrence of the
untoward incident have been mentioned. One date
mentioned is 15th July 2003 and another is 15th June
2003. The Advocate for the Appellants submits that the
correct date is 15th July 2003. He submits that

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: 2 :

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necessary amendment can be carried out to the claim
petition if an order of remand is passed.

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2.I have heard the Advocate appearing for the
Respondent who has opposed the Appeal.

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3.I have considered the submissions. It must be
stated that the Railway Claims Tribunal has taken a very
hyper technical approach in the matter. Such an
approach is not contemplated on the part of the Railway
Claims Tribunal. The Appellants could have been

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permitted to lead evidence to establish the untward
incident and the Application ought to have been decided
on merits instead of dismissing the same on technical
ground. Nevertheless the Applicants have shown
willingness to correct the error which appears to be an
inadvertent error while drafting the claim petition.

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4.Hence the Appeal is disposed of by the following

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order:

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i)The impugned order dated 17th October 2005
is quashed and set aside. The claim
petition filed by the Appellants is
restored to the file of the Railway Claims
Tribunal.

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: 3 :

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ii)It will be open for the Appellants to
carry out amendment to the claim petition
by correcting the date of the incident.

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iii)The Appellants are directed to appear
before the Railway Claims Tribunal on 21st
January 2008. The Tribunal will decide
the Claim petition as expeditiously as
possible.

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iv)There will be no order as to costs.

¶24

Judge.

Nisha Ajit Bhonsle and Ors. v. Union of India

Case brief

What is this about?

What did the court decide?

Nisha Ajit Bhonsle and Ors. v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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