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MANOJ KUMAR OHRI
Om Parkash – Appellant
Versus
Union of India – Respondent
JUDGMENT
Manoj Kumar Ohri, J.
CM APPL.38848/2018 (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 30 days in filing the appeal.
2. It is submitted that upon receiving the certified copy of the impugned judgment, the appellants' counsel sought some additional documents, which took some time to arrange. Consequently, there was a delay of 30 days in filing the appeal.
3. For the reasons stated in the application, the same is allowed and the delay of 30 days in filing the appeal is condoned.
4. The application is disposed of.
FAO 442/2018
5. The appellants have preferred the present appeal under Section 23 of The Railway Claims Tribunal Act, 1987 (hereinafter referred to as the `Act') thereby seeking setting aside of the order dated 12.01.2018 passed by Railway Claims Tribunal, Principal Bench in case No.OA(IIu)66/2017 whereby the Claim Petition filed by them was dismissed.
6. In the application filed before the Tribunal, the appellants' claimed that on 04.01.2017, Gaurav Kumar, the deceased, was traveling from Moradabad Railway Station to Delhi Junction using
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 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.
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.
Deceased was, a bona fide passenger and accident during which he suffered fatal injuries was an 'untoward incident’.
The lack of evidence connecting the death with the train incident led to the dismissal of the appeal.
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 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....
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