IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Miscellaneous Appellate Jurisdiction)

M.A. No. 114 of 2014
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Union of India …… Appellant
Versus
Sanjay Kumar Gupta @ Sanjay Gupta ……Respondent
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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :-Video Conferencing)
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For the Appellant : Mr. Mahesh Tewari, Advocate
For the Respondent :

09/Dated: 01/06/2020.

Let necessary correction be made in the address of the respondent.

Heard, learned counsel for the appellant- Union of India.

Appellant- Union of India has preferred this appeal against the award dated

23.08.2013 passed by Hon'ble Member Technical Railway Claims Tribunal,

Ranchi Bench, Ranchi in Case No.TAU/RNC/2005/0017, awarding a

compensation to the tune of Rs.4,00,000/- along with interest @ 9% in favour

of one of the son of the deceased Vijay Kumar Gupta @ Vijay Gupta.

Divyanshu Gupta a minor represented through his uncle and natural guardian,

Sanjay Kumar Gupta as the deceased- Vijay Kumar Gupta @ Vijay Gupta died

after falling down from train at Sini Railway Station on 12.09.2004. Earlier the

application was filed by his wife of the deceased namely, Anjali Gupta, but

subsequently, an amendment application was filed, stating therein that she has

entered into re-marriage with another person and went along with daughter

born out of the wedlock with deceased- Vijay Kumar Gupta. The minor son,

Divyanshu Gupta, whose date of birth is 12.12.1995 remains with his uncle-

Sanjay Kumar Gupta, as such, Sanjay Kumar Gupta, brother of the deceased

and uncle and legal heirs of deceased (Vijay Kumar Gupta) namely, Divyanshu

Gupta may be added as claimant. The said amendment application was

allowed on 14.05.2013. Learned counsel for the appellant has submitted that

Divyanshu Gupta, S/o Late Vijay Kumar Gupta, who has attained majority by

now may be added as respondent/claimant.

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Learned counsel for the appellant has submitted that there is delay of 101

days in preferring the appeal and for condonation of the same, I.A. No. 2760

of 2014 has been preferred. The notice was issued in terms of order dated

14.07.2014 on the point of Limitation, which was accepted as valid service of

notice by the co-ordinate Bench of this Court in terms of order dated

29.11.2018, as such, delay may be condoned.

Since the respondent has not appeared and the service of notice has already

been considered to be valid on 29.11.2018, as such, considering the same, the

delay of 101 days in preferring the appeal is hereby condoned.

I.A. No. 2760 of 2014 is hereby allowed.

Let notice be issued to Divyanshu Gupta, S/o Late Vijay Kumar

Gupta @ Vijay Gupta and nephew of Sanjay Kumar Gupta Resident of No.1,

Anil Surpath, New Revar View Colony, P.O. & P.S.- Kadma, Jamshedpur,

District- East Singhbhum in main memo of appeal under both process i.e.

under registered cover with A/D as well as under ordinary process for which

requisites etc. must be filed within two weeks.

Let the case be appeared after service of notice upon the actual claimant-

Divyanshu Gupta, who has attained majority by now.

( Kailash Prasad Deo, J.)

sandeep/R.S-