In an appeal against the dismissal of a claim petition due to material discrepancies regarding the place of travel alleged in the petition versus the evidence, the court held that the appeal itself was not pressed by the counsel and was disposed of accordingly.
Appeal dismissed as not pressed.
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Court No. - 4
Case :- FIRST APPEAL FROM ORDER No. - 25 of 2024
Appellant :- Sarvan Respondent :- Union Of India Thru. General Manager North Eastern Railway Gorakhpur Counsel for Appellant :- Manish Kumar Srivastava,Chandra Prakash Singh,Saroj Kumari
Hon'ble Rajnish Kumar,J.
Heard Sri Manish Kumar Srivastava, learned counsel for the appellant.
The claim petition filed by the appellant has been dismissed on the ground that in the claim petition the appellant had claimed that he was travelling from Burhwal to Biswan Railway Station while the incident had occured at Mahmudabad Awadh station, whereas in his evidence he has stated that he was travelling from Nakaha jungle to Kanpur Central railway station from passenger train. An application for amendment was also moved stating therein that 'Bargadwa to Kanpur Central railway station' has inadvertently been mentioned in paragraph 2 (a) of the claim petition, whereas he was travelling from Nakaha jungle to Kanpur Central railway station. The application was dismissed by means of the order dated 01.08.2022, which has not been challenged. Accordingly, it has been found that the appellant has failed to prove that the appellant was travelling and met with the alleged accident.
Learned counsel for the appellant after arguing at some length submits that the appeal may be dismissed as not pressed as he could not give any explanation to aforesaid.
Dismissed accordingly as not pressed.
Order Date :- 15.2.2024 Akanksha
Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the claim petition deserves to be allowed despite discrepancies in the place of travel stated in the petition and evidence?
Sarvan
Union Of India Thru. General Manager North Eastern Railway Gorakhpur
Rajnesh Kumar
Akanksha
As recorded by the court registry
4 orders share this CNR
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