GOBIND PATHAK Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave is granted. Heard the learned Counsel for the appellant and the learned Additional Solicitor General for the respondent.

(2.) This appeal is directed against the order of the High Court dated 9.5.2000 confirming the order of the Railway Claims Tribunal, patna Bench dated 17.12.1998 dismissing the claim petition filed by the appellant.

(3.) A perusal of the order of the Tribunal shows that in its view the claim petition could not have been entertained as it was filed after one year from the date of the accident. Therefore the Tribunal held the claim petition was not maintainable. Obviously, the Tribunal did not advert to Section 17 (2) of the Railway claims Tribunal Act, 1987 which reads thus :