R S KELUSKAR Vs. UNION OF INDIA
LAWS(BOM)-2007-8-85
HIGH COURT OF BOMBAY
Decided on August 23,2007

R.S.KELUSKAR Appellant
VERSUS
ADDITIONAL REGISTRAR, RAILWAYS CLAIMS TRIBUNAL Respondents





Cited Judgements :-

CRICKET ASSOCIATION OF BIHAR VS. BOARD OF CONTROL FOR CRICKET IN INDIA [LAWS(BOM)-2013-7-120] [REFERRED TO]


JUDGEMENT

Swatanter Kumar, CJ - (1.)The petitioner in this petition, Mr. R. S. Keluskar, who is an advocate practising in the Railway Claims Tribunal at Mumbai, filed a claim application before that Tribunal on behalf of one Mr. Jayesh Sharad Bhavsar. This claim application was contested on behalf of the Railway. It was stated in the claim application that the claimant had fallen down from the local train and fingers of his right leg came below the wheel of the local train resulting in permanent partial disablement. In these circumstances he claimed the compensation of Rs.5,00,000/-.Areplywasfiledwhereinitwasstated thattheaccident in question was not an untoward incident within the meaning of Section 123(c) of the Railways Act, 1989 as he had trespassed on the track and not fallen from the train. It was further stated that the applicant is put to strict proof thereof.
(2.)This claim application was dismissed by the Tribunal vide its order dated 6th February, 2006, which reads as under:
"A perusal of record shows that appearance of the Counsel for the Applicant is highly irregular since long and is causing delay in the disposal. Sufficient concession has been granted to him on the ground that he has filed a PIL in the Honourable High Court. However, the Applicant has brought nothing to our notice that there is any stay of proceedings or any direction has been issued to this Tribunal.

The claim application is, therefore, dismissed in default."

(3.)The petitioner has filed this petition in his own capacity without signature of the Claimant or appropriate authority to him to file the present petition, claiming the following reliefs :
(i) To issue writ of certiorari or any other appropriate writ, order or direction of the same nature in exercise of its jurisdiction under Article 226 of the Constitution of India;

(ii) To award compensation of Rs.6,28,992.00 including 50% penalty and 12% interest for the 7 years.

(iii) To set aside the dismissal order of the trial court n original claim application no. 109/2000 before the Railways Claims Tribunal at Mumbai.

(iv) To issue order in respect of Section 123(c)(2) which includes catching of the train as per definition clause 2(31)(b).

(v) To act like a mini Parliament and strike down Section 124A (a),(b),(c),(d) and (e).

(vi) To grant such further and other reliefs as may be found necessary in the circumstances of the case; and

(vii) To award costs.



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