Krishan Lal vs Union of India - 2023 Supreme(Del) 4154

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4154

MANOJ KUMAR OHRI
Krishan Lal – Appellant
Versus
Union of India – Respondent

Advocates appeared:
Mr. Anshuman Bal, Advocate, for the Appellant.
None, for the Respondent.

JUDGMENT

Manoj Kumar Ohri, J. (Oral)--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 31.03.2016 passed by Railway Claims Tribunal, Principal Bench in case No. OA(IIu)71/2011 whereby their Claim Petition filed under Section 16 of the Act came to be dismissed.

2. Learned counsel for the appellants has contended that the Tribunal failed to appreciate that the journey ticket was recovered on the date of the incident and the said fact is also found mentioned in the Panchnama recorded by the staff of GRP on the date of the incident itself. He has submitted that the learned Tribunal erred in not appreciating the above fact and rather based its decision only on the non-mentioning of the recovery of the journey ticket in other Panchnama/other reports.

3. The present appeal was filed in the year 2017 and the respondent has been duly served but has failed to appear despite many adjournments. Accordingly, this Court proceeds to consider the submissions made on behalf of the appellants.

4. A perusal of the appeal paper book would show that in the

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