Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Sharafat Khan & Anr vs Northern Railway & Anr on 29 August, 2022

Author: Rajiv Shakdher

Bench: Rajiv Shakdher

                            $~15
                            *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                            +      LPA 615/2019
                                   SHARAFAT KHAN & ANR                               ..... Appellants
                                               Through:             Ms Aruna Mehta, Adv.

                                                       versus

                                   NORTHERN RAILWAY & ANR                ..... Respondents
                                                Through: Mr Vikrant N Goyal with Mr Shikhar
                                                         Sardana and Mr Ajay Singh, Advs.
                                                         for R-1.
                                   CORAM:
                                   HON'BLE MR JUSTICE RAJIV SHAKDHER
                                   HON'BLE MS JUSTICE TARA VITASTA GANJU
                                                       ORDER

% 29.08.2022 [Physical Court Hearing/Hybrid Hearing (as per request] CM Appl.41705/2019

1. This is an application filed on behalf of the appellants seeking condonation of delay.

1.1. According to the counsel for the appellants/applicants, there is a delay of 234 days in filing the appeal.

2. A perusal of the impugned judgment rendered by the learned Single Judge discloses that the appellants have accepted compensation of Rs.3,10,000/-, on account of the death of their minor child.

3. Ms Aruna Mehta, who appears on behalf of the appellants/applicants, says that the compensation was accepted, in the course of criminal proceedings triggered against the contractor i.e., respondent no.2.

4. It is Ms Mehta's contention that compensation, over and above that which has been accepted by the appellants, could have been enhanced in the writ action filed before the learned Single Judge.

5. We are inclined to condone the delay as the appeal concerns enhancement of compensation, over and above that which the appellants have already received upon the death of their minor child 5.1. Given the nature of the case and for the reasons given in the application, the delay is condoned.

6. The application is disposed of in the aforesaid terms.

7. Counsel for the parties will file their written submissions, not exceeding four pages each, at least three days before the next date of hearing.

8. Although Mr Vikrant N Goyal appears on behalf of respondent no.1, respondent no. 2 is not represented today. 8.1. The record shows that respondent no.2 was represented through counsel on 05.12.2019.

9. Accordingly, issue court notice to respondent no.2 and his counsel via all permissible modes including email.

10. List the matter on 13.12.2022.

RAJIV SHAKDHER, J TARA VITASTA GANJU, J AUGUST 29, 2022/pmc Click here to check corrigendum, if any LPA 615/2019 2/2 Signature Not Verified Digitally Signed By:TARUN RANA Signing Date:05.09.2022 15:33:22