Surajmani Hansda And Others vs Union Of India Through The General ...
2025 Latest Caselaw 2746 Jhar

Jharkhand High Court

Surajmani Hansda And Others vs Union Of India Through The General ... on 19 February, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                IN THE HIGH COURT OF JHARKHAND, RANCHI
                          Misc. Appeal No. 243 of 2024
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Surajmani Hansda and Others ...... .... ... Appellant(s)

-- Versus --

Union of India through the General Manager Eastern Railway Kolkata ...... .... ... Respondent(s)

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Appellant(s) :- Mr. Chaitali C.Sinha, Advocate For the Respondent/Railways:- Mr. Abhijeet Kumar Singh, Advocate

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3/19.02.2025 I.A No.6536 of 2024 has been filed for condoning the delay of 288 days in preferring the instant appeal.

2. The learned counsel appearing on behalf of the appellant submits that the judgment was delivered by the learned Railway Claims Tribunal, Ranchi Bench, Ranchi on 19.05.2023. By way of referring paragraph no.3 of the instant I.A, she submits that the appellant no.1 is the widow of the deceased and the appellant nos.6 and 7 are the old parents of the deceased and are the residents of Godda and they were in mental agony and they have not been able to arrange all the documents and they were not having sufficient means to move before the High Court and in view of that the delay has occurred.

3. The learned counsel for the sole respondent/Railways has opposed the prayer and submits that sufficient grounds have not been made out for condonation of delay in preferring the instant appeal.

4. The Court has looked into the averments made in the paragraph no.3 of the instant I.A and finds that the arguments made by the learned counsel for the appellants has been depicted in that para and as such, the Court find that sufficient grounds have been made out for condoning the said delay occurred in filing the instant appeal and as such, the said delay is hereby condoned.

5. The instant I.A is allowed and disposed of.

6. The learned counsel for the appellants submits that the claim of the appellants have been rejected by the learned Railway Claims Tribunal, Ranchi Bench, Ranchi only on the ground that the body was found from not on the up- line but it was found on the down-line.

7. Call for the Trial Court Records.

8. Mr. Abhijeet Kumar Singh, the learned counsel for the respondent Union of India/ Railways submits that he will assist the Court on the law point after receipt of the Trial Court Records.

9. Let this appeal appear on 26.3.2025.

( Sanjay Kumar Dwivedi, J.)

SI/