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DELHI HIGH COURT
MANOJ KUMAR OHRI
Ajay Kumar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. condonation of delay in filing appeal. (Para 1 , 2 , 5) |
| 2. valid journey ticket establishes passenger status. (Para 8 , 9) |
| 3. accident deemed 'untoward incident' under the act. (Para 10 , 11 , 12 , 13) |
| 4. appeal allowed; case remanded for compensation. (Para 14 , 15) |
JUDGMENT
Manoj Kumar Ohri, J. (Oral)
CM APPL. 48870/2022
1. By way of the present application filed under Section 5 of the Limitation Act, read with Section 151 Code of Civil Procedure, the appellants/claimants seek condonation of delay of 378 days in filing the present appeal.
2. Mr. Rajan Sood, learned counsel for the appellants submits that the appellants are sons of Sh. Hira Lal (the deceased), who unfortunately passed away in an `untoward incident' on 13.07.2019. It is stated that though the impugned order was passed on 19.07.2021, however a certified copy of the same was received by the appellants only on 31.07.2021. He further submits that the appellants are poor persons and could not seek appropriate legal advice timely for want of funds. In support of his submissions, he has placed reliance on the following decisions, firstly, a decision passed by a Co-ordinate Bench of this Court in Mohsina
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 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 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....
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 ....
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