JUDGMENT

CM APPL. 31089/2022 (seeking condonation of delay of 7 days in filing the appeal)

1. By way of the present application, the appellant seeks condonation of delay of 7 days in filing the appeal.

2. For the reasons stated in the application, the application is allowed and the delay of 7 days in filing the appeal is condoned.

3. The application is disposed of accordingly.

FAO 193/2022

1. The present appeal has been filed under Section 23 of the Railway Claims Tribunal Act, 1987, against the judgment dated 08.03.2022, passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA/II(u)/DLI/283/2019.

2. Vide the impugned judgment, the Tribunal dismissed the claim application on the ground that the appellant was neither a bona fide passenger nor did the incident come within the ambit of an “untoward incident” as defined under the Railways Act, 189 (hereinafter referred to as the “Act”).

3. The brief facts necessary for adjudication of the present appeal are that on 08.10.2018, one Rajendra (hereinafter referred to as the “deceased”) was travelling from Ballabhgarh to Delhi after purchasing a valid journey ticket. Duri