1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPELLATE JURISDICTION. CIVIL APPELLATE JURISDICTION. FIRST APPEAL NO.598 OF 2004. FIRST APPEAL NO.598 OF 2004. FIRST APPEAL NO.598 OF 2004. Smt.Vidya Prakash Wagh & ors. : Appellants. versus The Union of India : Respondent. Mr.G.J.Mohan Roa for the appellants. Mr.Anand Samant for the respondent. CORAM : D.G.DESHPANDE,J. CORAM : D.G.DESHPANDE,J. CORAM : D.G.DESHPANDE,J. DATED : 18th October 2005. DATED : 18th October 2005. DATED : 18th October 2005. ORAL ORDER ORAL ORDER ORAL ORDER 1. This appeal is filed by the original claimants. They had filed a Claim Petition before the Railway Claims Tribunal, Mumbai, for compensation regarding the accident to the husband. The claim petition came to be dismissed on the ground that Post Mortem report was not produced, though there is other evidence. However, according to the Tribunal, 2 2 2 non-production of post mortem report goes to the root of the matter. In view of this fact, the only alternative left is, to remand the matter for giving opportunity to the appellants to get the post mortem report produced and proved. Therefore, this appeal, which is at the stage of admission and final hearing simultaneously, is admitted and finally disposed of by following order :- :ORDER: Appeal is allowed. Impugned order is set aside. The matter is remanded to the Railway Claims Tribunal, Mumbai. Parties shall appear before the Tribunal on 29.11.2005. The Tribunal shall give opportunity to the appellants to get the post mortem report produced and proved and other documents whatever that may be, and also lead further evidence, if found necessary 3 3 3 by both the parties. Tribunal to decide the matter within six months from the date of first appearance of the parties. No order as to costs. [D.G.DESHPANDE] [D.G.DESHPANDE] [D.G.DESHPANDE]