Judgment Rajesh H.Shukla, J.—The present First Appeal has been filed under Section 23 of the Railway Claims Tribunal Act, 1987 by the Appellants – Original Claimants being aggrieved with the impugned judgment and order passed by the Railway Claims Tribunal, Ahmedabad Bench in CA No. OA 0300143 and CA No. OA 0400007, which are the two claim applications filed for claiming compensation for the death of deceased Rasulbhai, who died in a railway accident. 2. Heard learned Advocate Ms. Lopa M. Bhatt for the Appellants as well as learned Advocate Mr. Ravi Karnavat for the Respondent – Union of India. 3. The Tribunal, as having noted that two separate claim applications for claiming compensation in respect of the same accident and death of the same person has dismissed with costs both the claim applications. There is no quarrel, as it appears from the record, including the affidavit filed by the Appellants as per direction of this Court that the mother-in-law had earlier given the papers, including one ticket, to one Advocate Mr. Kapde. Thereafter, as nothing was heard, the mother-in-law had got served the copies again and given to another Advocate Mr. Suresh Jadhav and that is how two separate claim applications came be filed. However, considering the facts stated in the application that the Appellant is a widow, who is not well versed with the procedure and was required to remain in house for some time after the death, and mother-in-law who had handed over the papers to one lawyer, had not confirmed about the filing of the application, has again given the papers to another lawyer which has lead to such anomaly. However, though such practice is not to be welcomed, but at the same time the party may not be made to suffer, particularly when, there is no lack of bona fide shown. 4. It is in these circumstances, taking the lenient view of the matter, on humanitarian consideration, the present Appeal deserves to be allowed for quashing and setting aside the impugned judgment and order of the Railway Claims Tribunal dismissing both the claim applications with costs. 5. Accordingly, the present First Appeal stands allowed. The impugned judgment and order passed by the Railway Claims Tribunal, Ahmedabad Bench in CA No. OA 0300143 and CA No. OA 0400007, dismissing both the claim applications is hereby quashed and set aside. 5. Accordingly, the present First Appeal stands allowed. The impugned judgment and order passed by the Railway Claims Tribunal, Ahmedabad Bench in CA No. OA 0300143 and CA No. OA 0400007, dismissing both the claim applications is hereby quashed and set aside. The Railway Claims Tribuna is directed to decide afresh CA No. OA 0400007 in accordance with law on merits. CA No. OA 0300143 therefore would not survive and only one claim application, i.e. CA No. OA 0400007 is directed to be decided by the Railway Claims Tribunal in accordance with law on merits without being influenced by this order in any manner. 6. It goes without saying that whatever the amount of compensation that may be awarded, the order which has been passed with regard to the costs is modified and the Appellants shall be liable for cost of Rs.5000/- which shall be adjusted or deducted from the amount of compensation that may be ultimately awarded. 7. In view of the order passed in the main matter, i.e. First Appeal No. 3778 if 2011, Civil Application No. 13141 of 2011 (for stay) does not survive and stands disposed of.