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HC ends a man`s 22-year-long search for justice
Delhi HC has finally come to the rescue of a man who was running in search of justice for over 22 years after losing his leg while boarding a train.
New Delhi: The Delhi High Court has finally
come to the rescue of a man who was running from `pillar to
post` in search of a proper forum to get justice for over 22
years after losing his leg while boarding a train.
A bench of justices Sanjay Kishan Kaul and Rajiv Shakdher
has asked the petitioner, Tilak Raj Singh, to appear before
its single judge bench and listed the matter for further
hearing on March 12.
"The interlocutory application ...is allowed. The parties shall appear before the learned single judge on March 12, for further proceedings in the matter," the court said.
The court was hearing Singh`s plea against the 2010 single bench order which had refused to entertain his petition on the ground that his claim was time barred as it had been filed after 21 years of the accident.
The incident occurred at Muzaffarnagar railway station on October 20, 1987, when Singh got down from the train while going to Ludhiana from Meerut in Uttar Pradesh.
Singh`s counsel had alleged that when his train stopped at Muzaffarnagar station, he got down to change his boggie as the coach he boarded had inadequate lighting. However, the train started running without any alarm. Singh fell down and got entangled between the wheels of the train and suffered grievous injuries while trying to board the train once again. This resulted in amputation of his leg when he was admitted in a hospital at New Delhi, according o the counsel.
Singh had claimed damages from the Railways. Government had sanctioned a sum of Rs.5,000 as ex-gratia to him. However, Singh refused to accept the said amount and filed a civil suit in a Meerut court in 1990, claiming damages from the Northern Railways.
The Meerut court in 2002 had rejected Singh`s claim, saying that it did not have the jurisdiction. He had then in 2008 approached the Railway Claims Tribunal at Ghaziabad which had also dismissed his claim. Upon this, he had moved the high court. "The learned single judge has come to an explicit finding that the original suit, which was filed before the civil court at Meerut, was within the period of limitation.
"The single judge, however, proceeded to reject the appellant’s plea for exclusion of time spent before the civil court on the ground that he ought not to have continued with the said proceedings once an objection was taken with regard to jurisdiction by the respondents (the Centre and Northern Railways)," the court observed, while allowing Singh`s claim petition which has been returned with the response that the forum concerned did not have the jurisdiction to entertain and try his claim.
Setting aside the single judge verdict, the court said that certain crucial aspects of the case were not appreciated by the single judge, even though Singh had fulfilled all the criteria. "In our view, the appellant has fulfilled the twin criteria of due diligence and good faith, as encapsulated in section 14 of the said Act, contrary to what has been held by the learned single judge. Accordingly, we are of the view that the impugned judgement cannot be sustained," the bench said.
"The interlocutory application ...is allowed. The parties shall appear before the learned single judge on March 12, for further proceedings in the matter," the court said.
The court was hearing Singh`s plea against the 2010 single bench order which had refused to entertain his petition on the ground that his claim was time barred as it had been filed after 21 years of the accident.
The incident occurred at Muzaffarnagar railway station on October 20, 1987, when Singh got down from the train while going to Ludhiana from Meerut in Uttar Pradesh.
Singh`s counsel had alleged that when his train stopped at Muzaffarnagar station, he got down to change his boggie as the coach he boarded had inadequate lighting. However, the train started running without any alarm. Singh fell down and got entangled between the wheels of the train and suffered grievous injuries while trying to board the train once again. This resulted in amputation of his leg when he was admitted in a hospital at New Delhi, according o the counsel.
Singh had claimed damages from the Railways. Government had sanctioned a sum of Rs.5,000 as ex-gratia to him. However, Singh refused to accept the said amount and filed a civil suit in a Meerut court in 1990, claiming damages from the Northern Railways.
The Meerut court in 2002 had rejected Singh`s claim, saying that it did not have the jurisdiction. He had then in 2008 approached the Railway Claims Tribunal at Ghaziabad which had also dismissed his claim. Upon this, he had moved the high court. "The learned single judge has come to an explicit finding that the original suit, which was filed before the civil court at Meerut, was within the period of limitation.
"The single judge, however, proceeded to reject the appellant’s plea for exclusion of time spent before the civil court on the ground that he ought not to have continued with the said proceedings once an objection was taken with regard to jurisdiction by the respondents (the Centre and Northern Railways)," the court observed, while allowing Singh`s claim petition which has been returned with the response that the forum concerned did not have the jurisdiction to entertain and try his claim.
Setting aside the single judge verdict, the court said that certain crucial aspects of the case were not appreciated by the single judge, even though Singh had fulfilled all the criteria. "In our view, the appellant has fulfilled the twin criteria of due diligence and good faith, as encapsulated in section 14 of the said Act, contrary to what has been held by the learned single judge. Accordingly, we are of the view that the impugned judgement cannot be sustained," the bench said.
PTI