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MANOJ KUMAR OHRI
Kalpana Devi – Appellant
Versus
Union of India – Respondent
JUDGMENT
Manoj Kumar Ohri, J.
CM APPL. 8245/2021 (Delay)
1. The present application has been filed under Section 5 of the Limitation Act read with Section 151 CPC on behalf of the appellants seeking condonation of delay of 258 days in filing the appeal.
2. Learned counsel for the respondent fairly does not oppose the present application.
3. It is worthwhile to note that in Mohsina & Ors. v Union of India & Ors., reported as 2017 SCC OnLine Del 10003 a delay of 804 days in filing of the appeal was condoned by a Co-ordinate Bench of this Court, taking into account poor economic status of the appellants/claimants. Relevant excerpt from the decision is reproduced hereunder:
"4. The appellants are seeking condonation of delay of 804 days in filing the appeal on the ground that appellant no. 1 is an illiterate and poor lady; she lost her husband in the train accident; her father-in-law was pursuing the case before the Claims Tribunal; her father-in-law expired, whereupon her mother-in-law threw her out from the matrimonial home and she is residing with her father who is also handicapped; she was working as a maid servant to make both ends meet; her cousin came from abroad on 02nd May, 2
The court considered the impact of prolonged lockdown due to COVID-19 in allowing the delay condonation and upheld the interpretation of 'untoward incident' under Section 123(c) of the Railways Act.
Condonation of delay based on poor economic status, inability to receive the impugned order, and the impact of the COVID-19 lockdown, in line with the Supreme Court's direction to exclude a specific ....
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 central legal point established in the judgment is the liberal interpretation of compensation provisions under the Act and the condonation of delay in filing appeals based on the poor economic st....
Deceased was, a bona fide passenger and accident during which he suffered fatal injuries was an 'untoward incident’.
The court may condone delay in filing an appeal under Section 5 of the Limitation Act, 1963 read with Section 151 CPC, considering the poor economic status and illiteracy of the appellant, and relyin....
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