Md. Zameer & Ors vs Union Of India
2021 Latest Caselaw 590 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    (Civil Miscellaneous Appellate Jurisdiction)
                            M.A. No. 435 of 2019
                                 ......

       Md. Zameer & Ors.                                          ...... Appellants
                                  Versus

Union of India, through General Manager, Eastern Railway, Kolkata ......Respondent CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) For the Appellants : Mr. V.S. Jha, Advocate For the Respondent : Mr. Gautam Rakesh, Advocate

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04/Dated: 08/02/2021.

I.A. No.2946 of 2020 Heard, learned counsel for the parties.

Learned counsel for the appellants, Mr. V.S. Jha has submitted that the instant Misc. Appeal has been preferred against the dismissal of the claim application vide judgment dated 10.01.2019 passed by learned Railway claims Tribunal, Ranchi Bench, Ranchi in Case No.OA(IIU)/RNC/50/2018.

Learned counsel for the appellants has submitted that the learned Tribunal has not considered the evidence brought on record and dismissed the claim application on the ground that deceased was not a bonafide passenger in view of the judgment passed by the Apex Court in the case of Union of India vs. Rina Devi, reported in (2019) 3 SCC 572.

Learned counsel for the appellants has further submitted that though son of the deceased A.W.-1 (Md. Zameer) has categorically stated that he did not see his father purchasing the journey ticket, but asserted that money and the travelling ticket were in the pocket of trouser of his deceased-father.

Learned counsel for the appellants has further submitted that there is delay of 141 days in preferring the appeal and for condonation of the same, I.A. No.2946 of 2020 has been filed.

Learned counsel for the respondent-railway, Mr. Gautam Rakesh has submitted that in view of order dated 23.11.2020, counter-affidavit has been filed in main memo of appeal as well in the limitation matter.

After hearing learned counsel for the parties and on the basis of reason stated by the appellants, delay of 141 days in preferring the appeal is hereby condoned.

I.A. No.2946 of 2020 is allowed.

M.A. No. 435 of 2019.

The instant appeal shall be heard.

Let the LCR be called for.

(Kailash Prasad Deo, J.) R.S-