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IN THE HIGH COURT OF ORISSA AT CUTTACK
Sanjeeb K.Panigrahi
Saroj Ku. Sethy – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. claim for compensation due to injury aboard a train. (Para 3 , 4 , 5) |
| 2. court's rationale for condoning delay in filing. (Para 6) |
| 3. final order to dispose of the fao. (Para 7 , 8) |
ORDER :
Sanjeeb K. Panigrahi, J.
1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. The present Appeal has been filed by the Appellant with the following prayer:
“It is therefore prayed that let this Hon’ble Court may graciously be pleased to admit this appeal, call for LCR issue notice to the Respondent after hearing the parties the order dated 11.01.2019 passed in M.A. No.56 of 2018 by the learned Claims Tribunal, Bhubaneswar Bench, Bhubaneswar be set-aside and further be pleased to remand the case for re-adjudicate by the learned Railway Claims’ Tribunal, Bhubaneswar Bench, Bhubaneswar for the interest of justice;
And pass any other order/orders as would deem fit and proper in this Hon’ble Court.”
4. Learned counsel for the Appellant submits that the Appellant had filed an application before the Railway Claim’s Tribunal, Bhubaneswar Bench, Bhubaneswar claiming compensation of Rs.8,00,000/- with 6% interest per annum from the date of incident o
The court held that a valid reason existed for the delay in filing the compensation claim due to the appellant's severe injuries, warranting the condonation of delay under the Railway Claims Tribunal....
Liberal condonation of delay should be permitted in cases of railway accidents, and efforts should be made to decide claims on merit without being concerned about technicalities of law.
The main legal point established in the judgment is the application of the principles of condonation of delay under Section 17(2) of the Railway Claims Tribunal Act, 1987, and the need for a liberal,....
While entertaining petitions praying for condonation of delay in filing an application seeking justice, courts/tribunals are not required to be hyper technical. It is true that law helps the vigilant....
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