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MANOJ KUMAR OHRI
Esmail Sheikh – Appellant
Versus
Union of India – Respondent
JUDGMENT
Manoj Kumar Ohri, J.
CM APPL. 50533/2019 (Delay)
1. The present application has been filed under Section 5 of the Limitation Act read with Section 151 CPC on behalf of the appellant seeking condonation of delay of 263 days in filing the appeal.
2. Learned CGSC appearing for the respondent/UOI fairly does not oppose the present application.
3. In view of the above, the application is allowed and the delay of 263 days in filing the appeal is condoned.
4. The application is disposed of.
FAO 462/2019
5. By way of present appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987, the appellants have impugned the order dated 26.11.2018 passed by Railway Claims Tribunal, Principal Bench, Delhi in Case No. OA (IIU) No.40/2018 whereby the claim petition filed by them came to be dismissed.
6. The relevant facts are that in the claim petition, it was claimed by the appellant No. 2 that on 30.08.2017, her husband Ehesan Ali after purchasing a valid journey ticket undertook train journey from Delhi Junction to Bardhaman Junction by Sealdah Sampark Kranti Express Train. It was also claimed that while boarding the train, he accidently fell and suffered grievous injuries a
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.
The court emphasized the importance of considering the circumstances and evidence in railway incident cases and found the dismissal of the claim petition unjustified.
The recovery and verification of the journey ticket, along with the location of the body, were key in establishing the incident as an untoward incident under the Railway Claims Tribunal Act.
The court affirmed that recovery of a valid journey ticket from the deceased established his status as a bona fide passenger, qualifying the incident as an 'untoward incident' under the Act.
The determination of a person as a bonafide passenger and the classification of an incident as an 'untoward incident' are crucial in assessing the validity of a claim under the Railway Claims Tribuna....
The recovery of the journey ticket on the same date established the deceased as a bona fide passenger, and the accident qualified as an 'untoward incident' under the Railways Act.
Deceased was, a bona fide passenger and accident during which he suffered fatal injuries was an 'untoward incident’.
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