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JYOTI MULIMANI
Mohammad Jalal, S/o. Late Md. Shalam – Appellant
Versus
Union Of India, R/P By The General Manager, South Central Railways – Respondent
JUDGMENT :
Sri.S.Y.Shivalli., learned counsel for appellants and Sri.Byregowda., learned counsel on behalf of Sri.Abhinay.Y.T., for respondent have appeared in person.
2. For the sake of convenience, the parties shall be referred to in terms of their status and ranking before the Tribunal.
3. An application came to be filed under Section 16 of the Railways Claims Tribunal Act, 1987 read with Section 124-A of Railways Act, 1989 (hereinafter referred to as ‘the Act’) against the respondent Railways for payment of compensation Rs.4,00,000/- (Rupees four Lakh only) along with 12% interest from the date of application till realization on account of death of one Mohammad Shalam in an untoward incident.
It is stated that deceased Mohammad Shalam is the husband of the first applicant and father of the second and third applicants. It is stated that on 09.07.2005, the deceased had gone to attend his personal work as such he boarded a train after purchasing a ticket. Due to jerk and jolt, he fell down from a moving train near Yadlapur Chikkasugur in between KM No.585/0-1 and succumbed to injuries. Contending that it is an untoward incident, the applicants claimed compensation. They also filed an
Mere assertions of mental distress, without supporting evidence, do not constitute a 'sufficient cause' to condone an inordinate delay in filing a statutory compensation claim under the Railways Act.
The main legal point established in the judgment is the application of the principles of condonation of delay under Section 17(2) of the Railway Claims Tribunal Act, 1987, and the need for a liberal,....
The main legal point established in the judgment is the liberal construction of 'sufficient cause' for condonation of delay and the need to ensure substantive justice is not trumped by technicalities....
Liberal condonation of delay should be permitted in cases of railway accidents, and efforts should be made to decide claims on merit without being concerned about technicalities of law.
While entertaining petitions praying for condonation of delay in filing an application seeking justice, courts/tribunals are not required to be hyper technical. It is true that law helps the vigilant....
Deceased was, a bona fide passenger and accident during which he suffered fatal injuries was an 'untoward incident’.
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