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2010 DIGILAW 1197 (CAL)

Liakat Mondal v. UNION OF INDIA

2010-09-16

PRASENJIT MANDAL

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JUDGMENT 1. THE Judgment of the Court was as follows : Heard learned Advocate for the petitioners. 2. AFFIDAVIT of Service filed by the petitioners shall be kept with the record. It appears that notice has been duly served upon the opposite parties but none appears. Accordingly, the revisional application is taken up for hearing. 3. THIS application is at the instant of the petitioners and is directed against the order dated 18.8.2008 passed by the learned Member (Judicial), Railway Claim Tribunal, Kolkata Bench in C.A. No. U/80 of 2005 thereby rejecting an application for amendment of compensation. 4. THE petitioners have filed a claim application in the Railway Claim Tribunal, Kolkata Bench of the death of their son Nasim Uddin Mandal. In that claim application they mentioned the number of the tickets bearing the last 3 digits as 407. By the proposed amendment, they have wanted to incorporate the last 3 digits as 406. But the learned Tribunal did not allow that prayer for amendment on the ground that this is nothing but to incorporate new facts subsequent to the filing of the claim application. Being aggrieved by such observation and rejection of the application, this application has been filed. 5. UPON hearing the learned Advocate for the petitioners and on perusal of the materials on record particularly the order impugned, I find that the order impugned bears errors of law for apperant on the face of record. The petitioners are simply wanted to change the last three digits from the present one i.e. 407 to 406. This is, I think, a formal prayer for amendment and such tickets cannot be manufactured by the petitioners. The counter parts are lying with the Railway Authorities. So there is no doubt about it. Under the circumstances, I hold that the learned Tribunal has failed to exercise his jurisdiction. 6. ACCORDINGLY this application succeeds. The order impugned is hereby set aside. The application dated 31.5.2007 stands allowed. The learned Tribunal shall proceed with the claim application from the stage of amendment application in accordance with law.