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MANOJ KUMAR OHRI
Sudip Singh @ Sudeep Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
Manoj Kumar Ohri, J. (Oral)
CM APPL. No.29466/2022 (Delay)
1. By way of the present application filed under Section 5 of the Limitation Act, 1963 read with Section 151 CPC the appellant has sought condonation of delay of 965 days.
2. It is submitted that the appeal could not be filed as the appellant did not have requisite funds. Though the appeal was drafted however, the appellant, who is a resident of Bihar, came to Delhi in February, 2020 and the appeal was filed. He submits that in March, 2020 due to advent of Covid- 19, the Courts were closed and he could not file a physical copy of the appeal.
3. This Court takes note of the fact that, vide order dated 23.09.2021 passed in Suo Motu Writ Petition (Civil) No. 3 of 2020 titled as In Re: Cognizance for Extension of Limitation, the Supreme Court had 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.
4. In view of the aforementioned submissions and circumstances, the application is disposed of.
FAO 176/2022
5. By way of the present appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987, the appe
The court applied the principle of condonation of delay due to Covid-19 and exclusion of the limitation period, and considered the appellant's plausible explanation for the delay in producing the tic....
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....
The court emphasized the importance of considering the circumstances and evidence in railway incident cases and found the dismissal of the claim petition unjustified.
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 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.
Deceased was, a bona fide passenger and accident during which he suffered fatal injuries was an 'untoward incident’.
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....
The recovery of the journey ticket should not have been doubted for denying the compensation, and fallacious reasoning cannot form the basis of dismissing a claim petition.
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