JUDGMENT - R.J. KOCHAR, J.:---The appellants are the original respondents aggrieved by the judgment and order of the Railway Claims Tribunal at Mumbai passed on 25-7-2001 and 26-7-2001 respectively in the above two separate claim applications filed by the present respondents in the above Fist Appeals. The parties will be referred to as the appellants-railways and the applicant-passenger for the sake of convenience.

2. In view of the public importance of the issue involved in these matters instead of hearing the applications for interim orders and keeping the appeals in the cold storage of this Court I thought it proper and better to hear the appeals finally and dispose of the same by consent of the learned Advocates appearing for the parties. As the issue involved is common in both the appeals they are being disposed of by the present common judgment.

3. I have heard both the learned Advocates Shri Samant for the appellants-railways and Shri C.M. Jha and Shri Mohan Rao for respondents in the above matters respectively. In view of the importance of the issue and particularly the involvement of the public that would be finally affected both Shri Jha and Shri Mohan Rao have assisted th

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