LAWS(DLH)-2009-11-2

BRIJESH DEVI Vs. UNION OF INDIA

Decided On November 04, 2009
BRIJESH DEVI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS appeal has been filed under section 23 of Railway Claims Tribunal Act, 1987 (for short 'the Act') by the appellants against the judgment dated 30.5.2008 passed by the Railway Claims Tribunal, Delhi (for short 'the Tribunal'). Vide impugned judgment, application for condonation of delay of the appellants was dismissed.

(2.) APPELLANTS filed claim petition seek- ing compensation on account of death of Parveen Kumar in an untoward railway accident on 1.6.2004. Deceased was the husband of appellant No. 1 and father of appellant Nos. 2 and 3. Along with claim petition, an application for condonation of delay was filed in which it was stated that appellants were under great sorrow due to untimely death of deceased. Appellant No. 1, visited G.R.P., P.P. Shahdara, a number of times to know about the preparation of inquest report but no satisfactory answer was given to her. After numerous visits, police of G.R.P., P.P., Shahdara supplied few documents on 15.5.2005.

(3.) IN reply, it is stated by respondent that there is a considerable delay in filing the petition and appellants cannot take benefit of the wrong, if any, committed by their advocate. Considering the facts that the appellants received the documents on 15.5.2005, they still took two years and eight months to file present petition, which shows that there is considerable delay and no sufficient ground is made out for condonation of delay.