OM PRAKASH & ANR vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 12.05.2026 Pronounced on : 15.05.2026 Uploaded on : 15.05.2026 + FAO 440/2019 OM PRAKASH & ANR. .....Appellants Through: Mr. Rajan Sood, Ms. Ashima Sood, Ms. Megha Sood, Advocates versus UNION OF INDIA .....Respondent Through: Ms. Pratima N. Lakra, CGSC and Ms. Upanita Soumyadarshini, Advocate CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT CM APPL. 48717/2019 (Seeking condonation of delay of 249 days in filing the appeal) 1. By way of the present application, theappellants seek condonation of delay of 249 days in filing the appeal. 2. Learned counsel for the appellants submits that the appellant belongs to an economically weaker section and, due to paucity of funds, was unable to get in contact with a counsel and obtain timely legal advice. 3. It is noteworthy that in “Mohsina vs. Union of India”1, a Co-ordinate Bench of this Court condoned a delay of 804 days in filing the appeal, taking 1 (2017) SCC OnLine Del 10003 Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 440/2019 Page 1 of 8 Signing Date:15.05.2026 18:59:28 into account the weak economic condition of the appellant/ claimant. 4. The Railways Act, 1989 and the Railways Claims Tribunal Act, 1987 arise out of beneficial and social welfare legislation intended to provide compensation to victims of railway accidents and untoward incidents. In such matters, a liberal and justice-oriented approach is required while considering applications for condonation of delay so that genuine claims are not defeated on technical grounds. 5. Considering the peculiar facts and circumstances of the present case, and guided by the principle laid down in the aforesaid decision, as well as the beneficial nature of the concerned legislation, this Court fin