The High Court of Delhi dismissed an appeal against the Railway Claims Tribunal order denying compensation due to excessive delay and factual inconsistencies regarding the death of a railway accident victim who was allegedly cut in two.
The appeal filed by the appellants was dismissed on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 9th March, 2018
versus
UNION OF INDIA ..... Respondent Through: Dr. Kumar Jwala, Advocate for Railways.
CORAM: HON'BLE MR. JUSTICE J.R. MIDHA
J U D G M E N T
Page 1 of 4
FAO 192-2014
the accident from Railway Police on 24th May, 2005. The police registered DD No.6/05 at Maxi Police Force (GRP), District Ujjain (M.P.) and the post-mortem was conducted at the Government Hospital. The appellants filed an application for condonation of delay along with the application for compensation on the ground that the relevant documents like death certificate, medical etc. were with the brother-in-law of appellant No.1 who did not handover the same to appellant No.1 till 2011 and appellant No.1 was in the state of shock and she lost control of her mental balance and remained sick and was under medical treatment. Appellant No.1 also claimed ignorance of the procedure for claiming compensation on the ground of illiteracy and poverty.
Page 2 of 4
FAO 192-2014
is further submitted that the appellants No.2 to 5 were minor at the time of the accident and therefore, the period of limitation would start after they have attained majority. Learned counsel for the appellants further submitted that the deceased was travelling by Sabarmati Express and he fell down at Tarana Railway Station as a result of sudden movement/jerks of the train and the accident is an untoward incident. It is submitted that the deceased had a valid ticket which was lost during the course of the accident.
Page 3 of 4
FAO 192-2014
8. The appeal is dismissed.
MARCH 9, 2018 dk
J.R. MIDHA (JUDGE)
Page 4 of 4
FAO 192-2014
2 issues framed by the court
Whether there was a bona fide railway accident under unusual circumstances justifying compensation.
Whether the appellants made out a sufficient cause for condonation of inordinate delay.
Colour shows how this judgement treated each authority
Devkala Devi v. Union of IndiaReferred¶20
Devkala Devi v. Union of India, FAO 46/2015
1 provisions across 1 enactments
Batheri & Ors
Union of India
J.R. Midha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
J.R. Midha
Parties & counsel
