M CHANDRAVATHI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellant-Smt. M. Chandravathi and her minor son M. K naveen Kumar have presented this appeal challenging the order passed by the Railway Claims Tribunal rejecting the claim made by them seeking compensation under the provisions of Section 125 of the railways Act, 1989 read with Sections 123 (c), 124, 124-A and 17 (2) of the Railway Claims Tribunal Act, 1987.

(2.) RELEVANT facts excluding unnecessary details, that are essential for the purpose of disposal of this appeal can be set out as under: m. G. K. Murthy, husband of the appellant 1 and the father of minor appellant 2 died an unfortunate death in an accident that occurred on 15-11-1983. The deceased was travelling in the train from Madras Port to Madras City. He was on duty. There was heavy rush in the train. He was pushed out of the train. He was thrown away near a water column between Madras Port and Madras Park and succumbed to the resultant injuries on the same day.

(3.) THE appellants herein did not initiate any legal action claiming compensation before the appropriate forum soon after or within any reasonable period after the accident. However, an application dated 27-11-1996 was presented on 4-12-1996 nearly after a lapse of 13 years, before the Railway Accidents Claims Tribunal claiming compensation in a sum of Rs. 2,00,000/- inter alia contending that the husband of the appellant 1 died in a 'train accident' on 15-11-1983. As the application itself was presented nearly after the expiry of 13 years from the date of the incident, an application supported by the affidavit of the wife Smt. Chandravathi was filed under Section 17 (2) of the Railway Claims tribunal Act, 1987, seeking condonation of delay.