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PANKAJ JAIN
Kamaljit Kaur – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Mr. Pankaj Jain, J. (Oral):- CM-15862-CII-2024 in FAO-4331-2024
CM-15878-CII-2024 in FAO-4332-2024
CM-15907-CII-2024 in FAO-4337-2024
CM-15916-CII-2024 in FAO-4341-2024
CM-15884-CII-2024 in FAO-4334-2024
CM-15889-CII-2024 in FAO-4336-2024
CM-15910-CII-2024 in FAO-4338-2024
CM-15914-CII-2024 in FAO-4340-2024
CM-15922-CII-2024 in FAO-4342-2024
CM-15886-CII-2024 in FAO-4335-2024
These are applications filed under Section 5 of Limitation Act seeking condonation of delay of 264 days (in FAO-4331-2024), 26 days in (FAO-4332-2024), 26 days (in FAO-4337-2024), 26 days (in FAO-4341 2024), 85 days (in FAO-4334-2024), 331 days (in FAO-4336-2024), 110 days (in FAO-4338-2024), 705 days (in FAO-4340-2024), 192 days in (FAO-4342-2024) and 140 (in FAO-4335-2024) in filing the instant appeals.
For the reasons recorded in the applications, this Court is satisfied that the applicants/appellants has made out a sufficient cause for condonation of delay.
Consequently, the present applications are allowed. Delay in filing the instant appeals is hereby condoned.
Main Appeals
In all these appeals, the claimants are aggrieved of the part of the award passed by the Railway Claims Tribunal whereby 90% of the comp
The court emphasized that fixed deposits for compensation should only be mandated when necessary to protect vulnerable claimants from exploitation, particularly minors and illiterates.
Motor Accident Claim – Compensation - Dependants of deceased, deduction of 1/4 to which as children of 2 years and one of 7 months Kumari Alpana have loss their father at time of accident, deduction ....
Accident – Death - Enhancement of compensation - Tribunal may release the money with certain stipulations and that guidelines have to be followed but not rigidly followed as precedents – Award modifi....
Accident - Enhancement of quantum of compensation - Tribunal may release the money with certain stipulations and that guidelines have to be followed but not rigidly followed as precedents.
The court emphasized the need for thoughtful consideration of the genuine requirements of the claimant and avoidance of a mechanical approach, especially in the case of literate persons, when decidin....
The main legal point established in the judgment is the need for judicious exercise of discretion by the Tribunal in determining the mode of payment of the awarded amount, considering the applicabili....
There is justification for selecting a lower multiplier of ‘15’ in case of victims belonging to age group upto 15 years.
Motor Accident Claim – Compensation modified - Tribunal may release the money with certain stipulations and that guidelines have to be followed but not rigidly followed as precedents.
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