Omakari & Ors v. Union of India (Ministry of Railway)

Delhi High Court · 09 Oct 2015 · 2015:DHC:8514
Rajiv Shakdher
FAO 327/2015
2015:DHC:8514
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the appeal against the Tribunal's finding of natural death and refused to condone the 140-day delay in filing the appeal.

Full Text
Translation output
FAO327/2015
HIGH COURT OF DELHI
FAO 327/2015 and CM No.22739/2015 (condonation of delay of
140 days in filing the appeal)
OMAKARI & ORS ..... Appellants
Through: Mr. Yogesh Swroop, Advocate
VERSUS
UNION OF INDIA (MINISTRY OF RAILWAY) ..... Respondent
Through
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER O R D E R 09.10.2015
JUDGMENT

1. Even according to the appellants, there is a delay of 140 days in filing the appeal.

2. On merits, the appellant has assailed the judgment of the Tribunal dated 23.01.2015. It is submitted before me by the learned counsel for the appellants that appellant no.1’s husband Late Sh. Beerbal was a bonafide passenger and that his death on 03.07.2012 came about on account of the deceased falling out of the train due to rush in the compartment. 2.[1] The Tribunal, on the other hand, has dismissed the claim made by the appellants herein, on the ground that the death report filed by the appellants before it clearly indicated that the cause of death was natural.

3. The learned counsel for the appellants has not been able to 2015:DHC:8514 FAO327/2015 place anything before me to demonstrate that the finding returned by the Tribunal is perverse.

4. In these circumstances, the appeal is dismissed. Consequently, the application has been rendered infructuous. The same is accordingly, dismissed.

RAJIV SHAKDHER, J OCTOBER 09, 2015 yg