DHARAMAWATI vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 18.03.2026 Pronounced on : 19.03.2026 Uploaded on : 19.03.2026 + FAO 31/2022 DHARAMAWATI .....Appellant Through: Mr. Rajan Sood, Advocate versus UNION OF INDIA .....Respondent Through: Mr. Harsh Kumar, SPC (UOI), Ms. Sikha Gogoi, Mr. Himanshu Bidhuri and Mr. Neel Kr. Sharma, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT CM APPL. 7466/2022 (Seeking condonation of delay of 141 days in filing the appeal) 1. By way of the present application, the applicant/ appellant seeks condonation of delay of 141 days in filing the appeal. 2. However, in the order dated 10.02.2022, it was observed that in view of the orders of the Hon’ble Supreme Court in Suo Moto Writ Petition (Civil). No. 3 of 2020 extending the period of limitation, there was no delay in filing the appeal. 3. Therefore, in view of the above, the present application has been rendered infructuous. Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 31/2022 Page 1 of 7 Signing Date:19.03.2026 18:44:12 FAO 31/2022 1. The present appeal has been filed under Section 23 of the Railway Claims Tribunal Act, 1987 against the judgment dated 22.03.2021 passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA/II(U)/DLI/71/2021 titled as “Smt. Dharamawati vs. Union of India”. 2. Vide the aforesaid judgment, the Tribunal dismissed the claim application filed by the appellant herein on the ground that the deceased was neither a bona fide passenger, nor was the alleged incident an “untoward incident” as defined under the Railways Act, 1989 (hereinafter referred to as “the Act”). 3. The brief facts of the case, as stated in the claim application, are that on 15.06.2018, o