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IN THE HIGH COURT OF DELHI AT NEW DELHI
Manoj Kumar Ohri, J
Jayanti – Appellant
Versus
Union Of India – Respondent
| Table of Content |
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| 1. establishing the factual matrix surrounding the incident and the passenger's bona fide status. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. applying the purposive interpretation and no-fault theory to determine an untoward incident. (Para 7 , 8 , 9 , 10 , 11) |
| 3. final order remanding the matter for determination of compensation. (Para 12 , 13 , 14) |
1. The present appeal instituted under Section 23(1) of the Railway Claims Tribunal Act, 1987 seeks setting aside of the judgment dated 09.02.2017 rendered by the Tribunal vide which the Claim Application No. OA/IIu/0052/2014 came to be dismissed.
2. Learned counsel for the appellant, while assailing the judgment, contended that the Tribunal fell into error in holding that the deceased was not a bona fide passenger. It was further contended that the Tribunal also erred in concluding that the injuries sustained by the deceased were on account of a heart attack, which was merely incidental. In support of his contentions, learned counsel has placed reliance on the DRM Report, a copy of which has been handed over and is taken on record.
3. Learned counsel for the respondent, on the other hand, has disputed the contentions of the appellant
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