SUDHIR YADAV & ORS. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 26 March 2025 Judgment pronounced on: 02 April 2025 + FAO 240/2022 SUDHIR YADAV & ORS ..... Appellants Through: Ms. Shailja Kulshreshtha, Adv. versus UNION OF INDIA ..... Respondent Through: Mr. Avnish Singh, SPC with Mr. Vishal Kumar Yadav & Mr. Anant Yadav, Advs. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT 1. This judgment shall decide the present appeal filed by the appellants/claimants under Section 231 of the Railway Claims Tribunal Act, 19872 assailing the Impugned Order dated 03.01.2022 passed by the Railway Claims Tribunal, Principal Bench, Delhi 3, whereby the claim application OA/II(u)/DLI/263/2021, titled "Sudhir Yadav & Others vs. Union of India”, filed under Section 16 read with Section 13 (1A) of the RCT Act, was dismissed. FACTUAL BACKGROUND 1 23. Appeals.—(1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908 (5of1908) or in any other law, an appeal shall lie from every order, not being an interlocutory order, of the Claims Tribunal, to the High Court having jurisdiction over the place where the Bench is located. (2) No appeal shall lie from an order passed by the Claims Tribunal with the consent of the parties. (3) Every appeal under this section shall be preferred within a period of ninety days from the date of the order appealed against. 2 RCT Act 3 Learned RCT Signature Not Verified FAO 240/2022 Digitally Signed By:PRAMOD Page 1 of 10 KUMAR VATS Signing Date:03.04.2025 17:39:27 2. Briefly stated, it was the case of the appellants/claimants that on 16.16.2019, Amarnath Yadav [hereinafter referred as “the deceased”] along with his wife Vidhyawati Devi, son Sudhir Yadav, daughter-in- law Vimlesh Yadav and grandson Naitik