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  Metros   Mumbai  21 May 2017  Widow recouped after 12 years, lawyer searches for her

Widow recouped after 12 years, lawyer searches for her

Published : May 21, 2017, 2:07 am IST
Updated : May 21, 2017, 2:07 am IST

Mamtarani Shende received compensation of Rs 4 lakh for her husband’s death after 12 years.

Advocate Nitin Bagrat
 Advocate Nitin Bagrat

Mumbai: An advocate from Nagpur, Nitin Bagrat is searching high and low to trace Mamtarani Shende and her two sons to inform them that they have got justice 12 years after their appeal in the Nagpur bench of the Bombay high court.

The appeal was against a railway accident tribunal order rejecting Mamtarani’s claim for compensation for the death of her husband after falling off a train in 2002 was won.

According to the lawyer, the victory is bitter sweet as the widow lived a life of penury while awaiting justice but is now untraceable after the court ruled in her favour and she and her sons stand to get the compensation amount of Rs 4 lakh plus interest.

According to Mr Bargat, on a fateful day, Shyamrao  Shende had boarded a train from Naghbid to return to Nagpur when he fell off and died. The spot panchnama recorded that a train ticket no. 02391 was found on this person and was booked from Mahule to Kempalsad.

The tribunal said it was contrary to the wife’s submissions and hence rejected her claim. Mamtarani was left to fend for herself and her two sons, Gajanan (7) and Shankar (4). However, she did not lose hope and filed an appeal against the 2003 tribunal order in 2005. “Considering her financial condition had allowed her waiver from paying stamp fees. However, as the appeal did not come up for hearing she must have lost hope and moved away from the place of residence,” said Mr Bargat.

On May 15, the Nagpur bench presided by Justice R. K. Deshpande, after perusing the documents that had been presented to the tribunal, observed, “The evidence on record  clearly  establish  that  the  deceased had died in an untoward incident on July 15, 2002 and he was a bonafide passenger travelling in a train no. 4 NAB. The claim petition, therefore, needs to be allowed,” said the court and directed the railways to pay compensation.

While the case was won, Bargat said for him it would be over only when he is able to trace the widow and her sons and get them the compensation amount.

Tags: bombay high court, nitin bagrat, mamtarani shende