1 98 fa.1663.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1663 OF 2010 1. Smt. Mangala Laxman Kunchikorve. 2. Laxman Kunchikorve. ... Appellants Versus The Union of India. ... Respondent ----- Mr. G.J.Mohan Rao for the Appellants. Mr. Kiran Kandpile for the Respondent. ----- CORAM : A.S.OKA, J. DATE : 02 nd August, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 Taken up for final disposal. Perused the compilation. The Appellants sought compensation under Section 124-A of the Railways Act, 1989 (hereinafter referred to as “the said Act”) on account of death of their son in the alleged untoward incident. By the impugned judgment and order, the Railway Claims Tribunal has 2 98 fa.1663.10 dismissed the application. One of the grounds on which the application has been dismissed is that the Appellants have not adduced evidence and they have not stepped into witness box. The learned counsel appearing for the Appellants prays for remand. He submits that an opportunity may be granted to the Appellants to adduce evidence. 3 The learned counsel appearing for the Respondent opposes the prayer for remand on the ground that adequate opportunity was available to the Appellants to adduce evidence. He submitted that after the remand, in the event, the claim application is allowed, the Respondent – Railways will be unnecessarily burdened with interest from the date of filing of the claim application. 4 I have carefully considered the submissions. The claim application has been mainly dismissed on the ground that the Appellants have not adduced evidence and they have not stepped 3 98 fa.1663.10 into witness box. The Appellants claim that their son has died due to an untoward incident. Therefore, an opportunity deserves to be granted to the Appellants to adduce evidence. The issue of grant of interest can be kept open. 5 Hence, I pass the following order: i. The impugned judgment and order dated 26 th July, 2010 is quashed and set aside and Case No. O.A. 158 of 2003 is restored to the file of the Railway Claims Tribunal ; ii. It will be open for the Appellants to adduce oral as well as documentary evidence ; iii. It will be also open for the Respondent to adduce evidence in rebuttal ; iv. It will be open for the Respondent to contend before the Tribunal that interest from the date of filing of the claim application should not be awarded as the proceedings have been 4 98 fa.1663.10 delayed due to default on the part of the Appellants ; and v. Appeal is partly allowed on above terms with no order as to costs. [ A.S.OKA, J ]