Shibani Garain vs Union Of India Through The General ...
2021 Latest Caselaw 139 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      [Miscellaneous Appellate Jurisdiction]
                            M.A. No. 102 of 2020
          1.Shibani Garain
          2.Bibek Gorai
          3.Rajesh Gorai                               .... .. ...   Appellant(s)
                                     Versus
          Union of India through the General Manager, East Central Railway, Hajipur
                                                              .. ... ... Respondent(s)
                          ...........

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through :-Video Conferencing) .........

       For the Appellant(s)           :    Mr. V. S. Jha, Advocate.
       For the Respondent             :    Mr. Gautam Rakesh, Advocate
                          ..........

4 / 11.01.2021. Heard, learned counsel for the parties.

Claimants/appellants, Shibani Garain, Bibek Gorai and Rajesh Gorai have preferred claim application vide Case No.OA (IIU)/RNC/49 /2018 which was filed on 02.02.2018 and the same was dismissed in terms of the order /judgment dated 14.06.2019 holding that Deepak Gorai @ Dipak Garain (deceased) has not died due to Untoward Incident as defined under Section 123(c)(2) of the Railways Act, as such, applicants/claimants are not entitled to any compensation under Section 124A of the Railways Act (amended in the year 1999).

Learned counsel for the appellants has submitted that the learned Tribunal has not decided the issue with regard to bonafide passenger considering it to be irrelevant.

Learned counsel for the appellants has further submitted that there is delay of 162 days in preferring the appeal and for condonation of same, I.A. No.6216/2020 has been filed before this Court.

Learned counsel for the appellants has thus, submitted that for proper appreciation of the instant Misc. Appeal, L.C.R. may be called for, as it is a case of refusal of the claim application.

Learned counsel for the respondent- Railways has submitted that to verify the facts of this case, Railway also requires L.C.R., as such, four weeks' time may be granted so as to file counter-affidavit in the limitation matter as well as in the main Memo of Appeal.

Let Lower Court Records be called for from the concerned Tribunal at once.

Put up this case after four weeks along with I.A. filed for condonation of delay.

In the meantime, learned counsel for the respondent- Railways file counter- affidavit in the limitation matter as well as in the main Memo of Appeal.

(Kailash Prasad Deo, J.) Sandeep/R.S.