JUDGMENT:

This Civil Miscellaneous Application is filed by the applicants under Section 23 of the Railway Claims Tribunal Act, 1978 (for brevity hereinafter referred to as the ‘Act’) aggrieved by the order dated 18.07.2018 in O.A.II (U). No.377 of 2015 passed by the learned Railway Claims Tribunal Secunderabad Bench, at Secunderabad, wherein the claim petition filed by the applicants claiming compensation of Rs.10,00,000/- for the death of Sri Kadari Dayanand, was dismissed.

2. For the sake of convenience, hereinafter, the parties will be referred as per their array before the learned “Tribunal”.

3. Heard both sides and perused the record.

4. The deceased by name Kadari Dayanand died in an untoward incident on 27.07.2015. The parents of the deceased filed claim petition vide O.A.II.U.No.349 of 2015 before the learned Tribunal by showing the applicants herein as wife and daughter of deceased as respondent Nos.2 and 3 as they left the company of parents of the deceased after the death of the deceased. However, the applicants, who are daughter and wife of deceased, filed O.A.II.U.No.377 of 2015 by not making the parents of the deceased as parties to the claim application. Both the claim petitions were clubbed by the learned Tribunal and dismissed both the applications by a common judgment on

18.07.2018.

5. Aggrieved by the above said judgment, the parents of the deceased have filed CMA No.969 of 2018 by showing the applicants herein as respondent Nos.2 and 3 and this Court has allowed the appeal on 14.09.2023 by granting Rs.8,00,000/-, which was duly deposited by the respondent No.1 before the learned Tribunal. The applicants herein, who are respondent Nos.2 and 3 therein i.e., wife and daughter of deceased did not appear in CMA No.969 of 2018. Subsequently it is brought to notice of this Court that because of the pendency of the present appeal, the learned Tribunal is not ready to disburse the compensation amount in CMA No.969 of 2018. The dispute between the parties in both the cases is one and the same, however, both the cases could not be clubbed together. Since CMA No.969 of 2018 is already disposed of, it cannot be clubbed with CMA No.940 of 2018, which is pending for disposal. Therefore, the parents of the deceased in CMA No.969 of 2018 filed review petition vide I.A.No.1 of 2024 in CMA No.969 of 2018 to apportion the compensation amount of Rs.8,00,000/- awarded by this Court in CMA No.969 of 2018 among the parents (applicants in CMA No.969 of 2018) and the applicants herein i.e., wife and daughter of the deceased. Accordingly, the said review petition is allowed today i.e., on 02.05.2024 by apportioning the compensation amount of Rs.8,00,000/- awarded by this Court among the parents of the deceased (applicants in CMA No.969 of 2018) and wife and daughter of the deceased (applicants herein) equally. Since the applicants herein are awarded a share in the compensation amount of Rs.8,00,000/- awarded by this Court in CMA No.969 of 2018 vide order dated 02.05.2024 in I.A.No.1 of 2024 (review application) in CMA No.969 of 2018, no cause of action would survive for the applicants to prosecute this appeal.

6. In the result, the Civil Miscellaneous Appeal is dismissed as infructuous. There shall be no order as to costs.

Pending Miscellaneous applications, if any, shall stand closed.

_______________________________ JUSTICE M.G.PRIYADARSINI Date: 02.05.2024 AS