LAWS(BOM)-2017-8-6

SMT. RAJABAI RAJREDDY AKITWAR Vs. UNION OF INDIA THROUGH GENERAL MANAGER, SOUTH CENTRAL RAILWAY, SECUNDARABAD.

Decided On August 02, 2017
Smt. Rajabai Rajreddy Akitwar Appellant
V/S
Union Of India Through General Manager, South Central Railway, Secundarabad. Respondents

JUDGEMENT

(1.) This revision application filed under Section 5(2) of the Maharashtra Court Fees Act 1959 read with Rule 4(v) of Chapter V of the Bombay High Court Appellate Side Rules, 1960 challenges the order of Taxing Officer and Deputy Registrar of High Court Bench at Nagpur, passed on 05.08.2016 in First Appeal Stamp No.6175/2016, holding that the applicants have to pay deficit court fees of Rs.12,405/- on memo of appeal filed by them under section 23 of the Railway Claims Tribunal Act, 1987.

(2.) Facts, which may be relevant for the purpose of deciding this revision, can be stated as follows: The applicants are the dependants of deceased Shri Rajanna Linganna Akitwar, who according to them, died in an "untoward incident" of falling from the train carrying passengers, while traveling from Basar to Dharmabad Railway Station at KM No.427/700800 on 23.04.2012. The applicants therefore, preferred an application under section 16 of the Railway Claims Tribunal Act, 1987 for grant of compensation of Rs.4,00,000/. The said application was registered in Railway Claims Tribunal, Nagpur as O.A.(IIu)/RCT/NGP/2013/0127.

(3.) However, their claim application filed before the Tribunal came to be rejected, by the Railway Claims Tribunal, vide its judgment and order dated 08.12.2015. Being aggrieved by the said order the applicants have preferred this appeal under section 23 of the Act, affixing the fixed court fee stamp of Rs.25/ on the appeal memo.