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MANOJ KUMAR OHRI
Naresh Sao – Appellant
Versus
Union of India – Respondent
JUDGMENT
Manoj Kumar Ohri, J. (Oral)
CM.APPL No.39966/2019 (Delay)
1. The present application has been filed under Section 5 of the Limitation Act on behalf of the appellants seeking condonation of delay of 79 days in filing the appeal.
2. Issue notice.
3. Mr. Balendu Shekhar, learned CGSC for respondent, accepts notice.
4. In view of the averments made in the application, the same is allowed and the delay of 79 days in filing the appeal is condoned.
5. The application is disposed of.
FAO 363/2019
6. By way of the present appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987, the appellants/claimants have assailed judgment dated 12.03.2019 passed by the Railway Claims Tribunal, Principal Bench, Delhi in Claim Application No. OA(IIu)72/2018, whereby their claim petition seeking death compensation in respect of Late Sh. Basudev Saw was dismissed.
7. Mr. Shyam Singh Sisodia, learned counsel for the appellants, submits that the Tribunal failed to appreciate the fact that deceased-late Sh. Basudev Saw had to undertake train journey along with some family members on 27.04.2017 from New Delhi Railway Station to Jasidih Junction by Train No.12304 (Poorva Express), howe
The lack of evidence connecting the death with the train incident led to the dismissal of the appeal.
The court emphasized the importance of considering the circumstances and evidence in railway incident cases and found the dismissal of the claim petition unjustified.
Deceased was, a bona fide passenger and accident during which he suffered fatal injuries was an 'untoward incident’.
A valid train ticket recovery establishes a deceased as a bona fide passenger, and claims cannot be dismissed based on mere contradictions regarding travel purpose.
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....
The interpretation of the definition of untoward incident under Section 123(c) of the Railways Act, 1989 and the rejection of self-negligence as a contributing factor in the context of claiming compe....
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