BUDHU SINGH AND ORS vs UNION OF INDIA

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 17th March, 2025 + FAO 104/2021 BUDHU SINGH AND ORS .....Appellants Through: Mr. Rajan Sood, Ms. Ashima Sood and Ms. Megha Sood, Advs. versus UNION OF INDIA .....Respondent Through: Mr. Gaurav Sharma, Mr. Siddhartha Nagpal, Mr. Sachin Singh and Ms. Lipika Chawla, Advs. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL) CM APPL. 9435/2021 – DELAY OF 245 DAYS IN FILING 1. There is a delay of 245 days in filing the present appeal on behalf of the appellants. No reply to the said application has been preferred on behalf of the respondent. 2. Learned counsel for the respondent has no objection if the said application is allowed. 3. For the reasons stated in the application and in interest of justice, the delay in filing the present appeal is hereby condoned. 4. The application is disposed of. FAO 104/2021 5. This appeal is being preferred by the legal heirs of the deceased/Deepak under Section 23 of the Railway Claims Tribunal Signature Not Verified FAO 104/2021 Digitally Signed By:PRAMOD Page 1 of 6 KUMAR VATS Signing Date:19.03.2025 19:36:17 Act, 1987 [for short referred as the “RCT”], for setting aside/quashing of the impugned judgment dated 20.12.2019, passed by the learned presiding officer/RCT, Principal Bench, Delhi in case No. OA(IIU) No. GZB/63/2017. 6. In short, the claimants preferred an application under Section 16 of the RCT Act read with Section 124A of the Railways Act, 1989, seeking compensation on account of death of Deepak, aged 21 years, on 13.01.2017, while travelling by Mail Express Train from Chandigarh to Nagina and allegedly accidently falling down at KM No. 1529/32-30 between Raysi and Balawali due to overcrowding and jerk in the train, resultantly sustaining fatal