Sh. Prithvi Singh And Anr vs Union Of India on 25 May, 2022

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Delhi High Court - Orders

Sh. Prithvi Singh And Anr vs Union Of India on 25 May, 2022

Bench: Manoj Kumar Ohri

                            $~98
                            *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                            +      FAO 150/2022
                                   SH. PRITHVI SINGH AND ANR.                        ..... Appellants
                                                      Through: Mr. Rajan Sood, Ms. Ashima Sood &
                                                      Mr. S.K. Maurya, Advocates

                                                      Versus

                                   UNION OF INDIA                                    ..... Respondent
                                                      Through:

                                   CORAM:
                                   HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
                                                      ORDER

% 25.05.2022 CM APPL. 25106/2022 (Exemption)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

FAO 150/2022

1. The present appeal has been filed under Section 23 of the Railway Claims Tribunal Act, 1987 on behalf of the appellants assailing the order dated 18.01.2022 passed in Claim Application No. OA/II/u/DLI/5/2021, whereby the claim petition was dismissed.

2. Learned counsel for the appellants submits that the deceased was found in possession of a valid train travel ticket. He also submits that the respondent had admitted that the deceased was having a valid journey ticket bearing No. UAC-32019836 for undertaking journey from Patel Nagar to Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:27.05.2022 18:11:45 Gurgaon railway station. It is submitted that the appellants' claim application was rejected as the deceased has not de-boarded at Gurgaon railway station but at Garhi Harsaru. In support of his submissions, learned counsel for the appellants has placed reliance on the decisions in Gaurav Kapoor & Ors. v. Union of India reported as 2014 SCC OnLine Del 746, Smt. Anokhi Devi and Others v. Union of India through General Manager, Northern Western Railway, Jaipur reported as 2011 SCC OnLine Raj 1775 and Vaishali v. Union of India reported as 2010 SCC OnLine Bom 921.

3. Issue notice to the respondent by all permissible modes, including electronic, returnable on 27th September, 2022.

4. In the meantime, digitized copy of the Tribunal's Record be requisitioned and made available to the Court on the next date of hearing.

MANOJ KUMAR OHRI, J MAY 25, 2022 p'ma Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:27.05.2022 18:11:45

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Delhi High Court - Orders