Aditya Shukla v. Union of India

1. The present appeal has been preferred under Section 23 of the Railway Claims Tribunal Act, 1987 on behalf of the appellant/claimant assailing the orders dated 05.07.2018 and 01.02.2019 passed by the Railway Claims Tribunal, Principal Bench, Delhi in Case No. OA/II(u)254/2017, whereby the claim petition filed by him was dismissed in default and the application seeking restoration of the petition dismissed.

2. Mr. S.N. Parashar, learned counsel for the appellant, submits that the counsel for the appellant before the Tribunal could not appear on the relevant dates, however, he had requested his colleague to appear in his place. Be that as it may, the counsel’s colleague also could not appear and as such, counsel for appellant had no information about the next date of hearing. The same led to non-appearance on behalf of the appellant on the subsequent date and the claim application was dismissed in default. It is contended that an application for restoration was filed, however, without considering the explanation given, the same was also dismissed.

3. Issue notice.

4. Mr. Subhash Tanwar, learned CGSC, who is present in Court and represents the respondent, is directed to accept notice.

5. A perusal of the record would show that the claim petition was filed on behalf of the appellant seeking injury compensation. It was stated that on 03.12.2016, while he was travelling in Kaifiyat Express Train (No.12226) from Old Delhi Railway Station to Ayodhya, he fell from the running train and received grievous injuries. The appellant claimed that on the date of the accident, he was travelling on a valid general class ticket bearing No.K99285341 alongwith his relatives. The train had started journey at around 05:00 AM on 03.12.2016. When it reached between Hathras and Tundla Railway Station, the appellant, while washing his hand at wash-basin near washroom, slipped on the wet floor and fell down from the running train due to the train suddenly starting running with a jerk. Reportedly, the mother of the appellant saw him fall down from the train and the train stopped due to chain-pulling about 4-5 kms. after the accident spot. An old man near the accident spot saw the appellant and stopped another train, viz. Poorva Express, which dropped the appellant at Tundla Railway Station. At Tundla Railway Station, the appellant was given first aid and later removed to S.N. Hospital, Agra. He was referred to higher hospital & got admitted in AIIMS Trauma Center, Delhi. The appellant underwent amputation below knee in both legs. He had placed on record his journey ticket, MLC alongwith discharge slip of AIIMS Trauma Centre, medical bills and treatment records, etc. The claim petition was dismissed in default on 05.07.2018, noting that the counsel for the appellant had not been appearing since 21.11.2017. Thereafter, the appellant filed an application under Section 18 read with Section 44 of the Railway Claims Tribunal (Procedure) Rules, 1989 for restoration of the claim petition. However, the same was also dismissed.

6. Without going into the merits of the contentions raised by the parties regarding delay in seeking restoration of the claim petition, this Court is of the considered view that the claim petition of the appellant ought to be considered on merits. Accordingly, the present appeal is allowed and the claim petition is restored to its original number. The matter be listed at the first instance before the Tribunal on 20.03.2023 for consideration of the claim petition on merits.

7. A copy of this judgment be communicated to the concerned Tribunal for information.

JUDGE MARCH 1, 2023