-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO. 1842 OF 2005 APPEAL NO. 1842 OF 2005 APPEAL NO. 1842 OF 2005 The Union of India & Anr... ... Appellants. Versus Daguji Baburao & Ors......... .... Respondents. Mr. A. N. Samant for the Appellants. Mr. G. J. Mohan Rao for the Respondents. CORAM CORAM CORAM : ANOOP V. MOHTA, J. : ANOOP V. MOHTA, J. : ANOOP V. MOHTA, J. DATED DATED DATED : 6TH DECEMBER, 2005. : 6TH DECEMBER, 2005. : 6TH DECEMBER, 2005. P.C. P.C. P.C. : : : Heard learned Counsel for the parties. 2. This is an appeal filed by the General Manager, Central Railway and the General Manager, North Frontier Railway against the order dated 2nd August, 2002 passed by the Member of Railway Claims Tribunal in Case No. OC 9700428 whereby the appellant herein have been ordered to pay Rs.38,508/- to the respondent herein with interest at the rate of 9 per cent per -: 2 :- annum from the date of the application till realisation and costs. 3. All contentions raised by the learned Counsel appearing for the appellant herein has been considered and decided in a similar case being First Appeal No. 1136 of 1992 (Union of India v/s M/s.Eknath Khemchand) (Union of India v/s M/s.Eknath Khemchand) (Union of India v/s M/s.Eknath Khemchand) decided by the Honourable Shri Justice D. G. Deshpande by an order passed on 6th May, 2005. Based on that the present appeal can also be disposed of. In view of this and considering the fact and circumstances of the present case, as it is similarly situated, and amount of compensation is just and fair based on the material, the following order is passed: O R D E R R D E R R D E R (a) This appeal is partly allowed. The liability of payment will be of General Manager, Central Railway Zone. The principal amount awarded shall carry interest at the rate of 4% p.a. from the date of the application till deposit. The amount, that is deposited, if found in excess after the aforesaid calculation shall -: 3 :- be refunded / returned to the Central Railway / Appellant. (b) The respondents shall be at liberty to withdraw the amount as per the calculation. (c) The first appeal is disposed of, accordingly. There shall be no order as to costs. Sd/- (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.) -: 4 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 265 OF 2003 APPLICATION NO. 265 OF 2003 APPLICATION NO. 265 OF 2003 IN IN IN FIRST FIRST FIRST APPEAL NO. 1842 OF 2005 APPEAL NO. 1842 OF 2005 APPEAL NO. 1842 OF 2005 The Union of India & Anr... ... Appellants. Versus Daguji Baburao & Ors......... .... Respondents. Mr. A. N. Samant for the Appellants. Mr. G. J. Mohan Rao for the Respondents. CORAM CORAM CORAM : ANOOP V. MOHTA, J. : ANOOP V. MOHTA, J. : ANOOP V. MOHTA, J. DATED DATED DATED : 6TH DECEMBER, 2005. : 6TH DECEMBER, 2005. : 6TH DECEMBER, 2005. P.C. P.C. P.C. : : : In view of the order passed in the First Appeal, this Civil Application is disposed of. Sd/- (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)