Bombay High Court

MRS.KESHU SHANKARLAL GIRI AND ORS.versusUNION OF INDIA THROUGH GENERAL MANAGER CENTRAL RAILWAY

Decided: 23 January 2026
Disposal: Disposed Off
Bench: JITENDRA SHANTILAL JAIN

Holding

The court ordered that the compensation share of the deceased appellant be paid to appellants No.1 and No.3 subject to an indemnity‑cum‑affidavit from them.

Summary

The appellants filed an interim application seeking deletion of the name of appellant No.2 from the order dated 23 March 2021 because he had died on 5 February 2021, a fact not disclosed earlier. The original appeal had directed the respondent, Central Railway, to pay compensation equally among the three appellants. Since appellant No.2 was deceased, his share remained unpaid. The court held that the deceased appellant’s share should be redistributed equally between appellant No.1 and appellant No.3, provided they execute an indemnity‑cum‑affidavit confirming that there are no other legal heirs of appellant No.2 and that they will indemnify the respondent against any future claim. The interim application was consequently disposed of.

Issues considered

Whether the share of compensation allotted to a deceased appellant can be reallocated to the surviving appellants.
Whether an indemnity‑cum‑affidavit is required from the surviving appellants before such reallocation.

Subjects

interim application
death of party
reallocation of compensation
indemnity affidavit
civil appellate jurisdiction
amendment of order

Judgment

2026:BHC-AS:3515
                   Sayyed                                                      907-IA.2554.2022.doc


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                  INTERIM APPLICATION NO.2554 OF 2022
                                                  IN
                                      FIRST APPEAL NO.529 OF 2018

                   Keshu Shankarlal Giri & Ors.          ...Applicants/Appellants
                         Versus
                   Union of India,
                   Through General Manager,
                   Central Railway, CSTM Mumbai          ...Respondent
                        _____________________________________________________
                   Mr. Vasant N. More for the Applicants/Appellants.
                   Mr. T. J. Pandian a/w Ms. Gautam Modanwal for the Respondent.
                          _____________________________________________________

                                                  CORAM :         JITENDRA JAIN, J.
                                                  DATE        :   23 JANUARY 2026
                   P.C.:
                   1.        This interim application is taken out for deleting the name of
                   appellant no.2 in the order pronounced on 23 March 2021 so that the
                   compensation amount attributable to appellant no.2 can be directed to
                   be paid to appellant nos.1 and 2 equally.

                   2.        First Appeal No.529 of 2018 was heard on 5 March 2021, and
                   the order was pronounced on 23 March 2021. However, the learned
                   advocate for the appellants was not aware that appellant no.2 had
                   already died on 5 February 2021. Therefore, this fact was not brought
                   to the notice of the Court. This fact is now brought on record by way of
                   the present application.

                   3.        As per the order passed in First Appeal No.529 of 2018, the
                   Court had directed to respondent to pay the claimants, the amount of
                   compensation equally. However, due to death of appellant no.2, his
                   share was not paid by the respondent.



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                               Sayyed                                                     907-IA.2554.2022.doc


                               4.       In my view, since appellant no.2 has passed away, the amount
                               attributable to be paid to appellant no.2 should now be paid to
                               appellant nos.1 and 3 subject to obtaining indemnity cum affidavit from
                               appellant nos.1 and 3 that there are no legal heirs of appellant no.2
                               except appellant nos.1 and 3, and if any person makes a claim, then
                               appellant nos.1 and 3 will indemnify the respondent.


                               5.       Interim Application is disposed of.



                                                                              [ JITENDRA JAIN, J. ]




Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 23/01/2026 15:39:53                                       2 of 2

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