DIVISIONAL RAILWAY MANAGER vs KANCHAN TIWARI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 01.12.2025 Judgment pronounced on:05.12.2025 + FAO 118/2020, CM APPL. 9386/2020, CM APPL. 9387/2020, CM APPL. 28629/2020 & CM APPL. 9022/2021 DIVISIONAL RAILWAY MANAGER .....Appellant Through: Mr. Vikrant N. Goyal, Mr. Harsh Kumar Singh, Mr. Piyush Wadhwa and Mr. Yash, Advocates. versus KANCHAN TIWARI .....Respondent Through: Mr. Akhil Sachar, Ms. Babita Rawat, Ms. G. Arora, Advocates. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. This Appeal under Section 30 of the Employees’ Compensation Act, 1923 (the EC Act) has been filed by the respondent in an Application under Section 4A(3)(b) of the EC Act, aggrieved by the order dated 23.05.2019 passed by the Commissioner, Employees’ Compensation, Labour Department, whereby the respondent has been directed to pay interest of ₹ 2,39,138/- Signature Not Verified FAO 118/2020 Page 1 of 12 Signed By:KOMAL DHAWAN Signing Date:05.12.2025 14:29:55 along with penalty @ 30% amounting to ₹1,28,142/- for the delay in depositing the compensation amount payable to the deceased’s family member, i.e., his widow and son. 2. In this appeal, unless otherwise specified, the parties will be specified to as described in the original proceedings. 3. The facts of the present case originate from the demise of Shri Himanshu Tripathi, on 20.09.2009 who was employed with the respondent, Northern Railway, Indian Railways, as Signal Khalasi. He passed away due to an accident resulting in severe head injury while he was travelling from Talhari Bujurg to Rohana Kala Station during the course of his official duty. The joint inspection report dated 29.12.2013, prepared and signed by the authorised officials of the respondent confirmed that the deceased f