DWARIKA MAHTO Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application for condonation of delay of 240 days in filing the appeal on the ground that the appellants are very poor persons having a hand-to-mouth existence and therefore they did not have necessary funds to file the present appeal. It is stated in the application that time was taken for arranging funds and which funds were made available from close relations only in the first week of December, 2010, whereafter Counsel was engaged, and who thereafter took some time to go through the documents before filing the appeal. Though there is general opposition to this application, I find that there is truth and credibility in the averments made in the application. The application is therefore allowed and delay of 240 days in filing of the appeal is condoned.

(2.) The facts of the case are that Smt. Jamuna Devi, the deceased, on 17.5.2008 purchased a second class train ticket No. 50961406 from New Delhi to Gaya and boarded a train from New Delhi on the said date. She de-boarded the train on 18.5.2008 on reaching Mugalsarai railway station along with other passengers for some work. After completion of the work, she again boarded a train on 19.5.2008 from Mugalsarai, being train No. 302 Varanasi-Asansol Passenger, for travelling from Mugalsarai to Gaya. Due to heavy rush and intense jostling among the passengers in the train, she fell down from the train resulting in grievous injuries which caused her death.

(3.) As per the rules of the respondent, it is not disputed that a person can break the journey after travelling 500 kms., for a period of two days. The Mugalsarai railway station admittedly was beyond the distance of 500 kms. from New Delhi from where the deceased deboarded the train on 18.5.2008 and then again boarded a train on 19.5.2008. The deceased was thus entitled to break the journey at Mugalsarai railway station for two days i.e. the deceased was entitled on the same train ticket purchased from Delhi for Delhi to Gaya to again travel from Mugalsarai to Gaya railway station since she within a period of 48 hours of de-boarding took another train for travelling from Mugalsarai to Gaya.