The main legal point established is the significance of establishing bonafide passenger status and untoward incidents, and the importance of timely DRM inquiries in determining compensation under the Railway Claims Tribunal Act.

JUDGMENT

1. By way of the present application filed under Section 5 of the Limitation Act, read with Section 151 Code of Civil Procedure, the appellant seeks condonation of delay of 724 days in filing the present appeal.

2. Mr. Rajan Sood, learned counsel for the appellant submits that the father of the deceased had pre-deceased him. He further submits that after passing of the impugned order dated 14.08.2019, the appellant, who is mother of the deceased, aged about 60 years, is an illiterate and poor lady on the basis of which, could not instruct her counsel to file the appeal timely. In support of his submissions, he has placed reliance on the following decisions, firstly, a decision passed by a Co-ordinate Bench of this Court in Mohsina & Ors. v. Union of India & Ors. reported as 2017 SCC OnLine Del 10003; a decision of the Gujarat High Court in Wasim Shamshulhak Shaikh v. Union of India reported as 2018 SCC OnLine Guj 3330; and lastly, a decision of the Bombay High Court in Smt.

3. Notably, in Mohsina (Supra), a delay of 804 days in filing of the appeal was condoned by a Co-ordinate Bench of this Court considering the poor economic status of the appellants/claimants.

4. In alike facts and circumstances, this Court in FAO 100/2021 titled as Sh. Saddam v. Union of India condoned delay of 685 days in filing of the appeal against the impugned order and remanded the matter back to the Tribunal to determine the amount of compensation and interest to be awarded to the appellant therein.

5. The impugned order was passed on 14.08.2019. Although, delay of 724 days is noted, this Court also takes note of the fact that, vide order dated 23.09.2021 passed in Suo Motu Writ Petition (Civil) No.3 of 2020 in Re: Cognizance for Extension of Limitation, the Supreme Court has directed that for computing the period of limitation in suit, appeal, application or proceedings, the period from 15.03.2020 till 02.10.2021 shall stand excluded. Even though, in the present case, the period of limitation already expired prior to 15.03.2020, however, considering the facts and circumstances of the case, the application is allowed and the delay of 724 days in filing the accompanying appeal is condoned.

6. In view of the above mentioned submissions and circumstances, the application is disposed of.

FAO 27/2022

1. By way of the present appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987, hereinafter referred to as the 'Act' the appellant has assailed the order dated 14.08.2019 passed by the Railway Claims Tribunal, Principal Bench, Delhi.

2. Briefly, the facts as noted by the Tribunal are that the appellant, in the claim petition stated that on 08.10.2017, her son Dharmender (deceased) was travelling from Saharanpur to Delhi on a valid ticket bearing no. 56549983 and when the train reached near Delhi, Shahdara Station, he fell from the moving train and sustained grievous injuries. He was taken to GTB Hospital where he succumbed to the injuries.

3. Mr. Sood, learned counsel for the appellant contended that while passing the impugned order, the Tribunal failed to appreciate that deceased was a bonafide passenger as the journey ticket was recovered and in terms of the first statement given by appellant as well as that of Jitender (Brother of deceased), the deceased suffered fatal injuries in the untoward incident, when he accidentally fell from the moving train. It was further contended that the Tribunal wrongly relied upon the subsequent statements recorded during DRM proceedings, which itself was conducted after a substantial delay.

4. Per contra, Ms. Lakra, learned CGSC appearing for the Respondent has supported the impugned order by submitting that the deceased did not travel on the train route that he was authorised to take in terms of the journey ticket, which specified that the travel was from Saharanpur Railway Station to Delhi Junction via Meerut City and Delhi Shahdara. The body of deceased was found on a completely different train ro