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MANOJ KUMAR OHRI
Maya – Appellant
Versus
Union of India – Respondent
JUDGMENT
Manoj Kumar Ohri, J. (Oral)
CM.APPL No.9231/2018 (delay) & CM.APPL No.9232/2018 (delay in re-filing)
1. The present application has been filed under Section 5 of the Limitation Act on behalf of the appellant seeking condonation of delay of 28 days in filing the appeal.
2. Issue notice.
3. Mr.Krishna Kumar Sharma, learned Senior Panel Counsel for the respondent, accepts notice.
4. Appellant has stated that being married and completely dependent on her husband who is a poor labourer, she could not take steps to challenge the impugned order on account of financial hardships. It is stated that her family's economical condition is very bad and are living in a state of perpetual penury.
5. In view of the above, the application is allowed and the delay of 28 days in filing the appeal and the delay of 130 days in refiling the appeal is also condoned.
6. The applications are disposed of.
FAO 90/2018
7. The present appeal has been preferred against the order dated 05.07.2016 passed by Railway Claims Tribunal, Principal Bench, Delhi whereby the claim petition was dismissed only on account of delay.
8. Learned counsel for the appellant submits that the appellant/claimant is the m
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....
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 ....
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,....
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 court may exercise the discretion of power to condone delay under Section 5 of the Limitation Act based on sufficient grounds such as loss, responsibilities, and illness.
Deceased was, a bona fide passenger and accident during which he suffered fatal injuries was an 'untoward incident’.
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