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M. S. KARNIK
Nishant – Appellant
Versus
Union Of India – Respondent
JUDGMENT
M.S. Karnik, J. - The judgment of the Railway Claims Tribunal, Nagpur Bench, Nagpur ('Tribunal' for short) in Claim application No.Ma/NGP/0013/2018 dated 26.06.2018 rejecting the application for condonation of delay of 1380 days in fling the claim application for grant of compensation on account of death of Jaikumar s/o Devrao Wasnik ('Jaikumar' for short) is under challenge in this appeal.
2. The claim application was fled before the Tribunal by Nishant Devrao Wasnik, younger brother of Jaikumar. On 03.05.2013, Jaikumar was returning from Tumsar to his village Salekasa after distributing the invitation cards of his sister's wedding which was fied on 15.05.2013. Jaikumar purchased a journey ticket bearing No.42214014 worth Rs.20/-, which was valid from Tumsar to Salekasa railway station.
3. Jaikumar was traveling in the general compartment of the train. The train was overcrowded and therefore, Jaikumar was standing near the door of the train. Due to sudden jerk and rush in the train, Jaikumar was pushed by the other passengers which resulted in the untoward incident. Jaikumar fell down from the running train at K.M.No.963/03 near Salekasa railway station, Dist.Gondia. Jaikuma
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....
The main legal point established in the judgment is the importance of diligence in prosecuting legal actions and the application of limitation laws to prevent stale claims and compel litigants to be ....
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,....
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