PITAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Deepak, eighteen years' old son of the appellants, was statedly travelling by a railway train (described as Satyagrah Express train) having boarded it from Delhi Railway Station on 02.02.2011 to proceed to Gajraula Railway Station as a bonafide passenger. Sometime before Gajraula Railway Station, allegedly due to jerk in the movement of the train, he fell down (out of the train) and suffered injuries as a result of which he died. An accident claim case under Section 16 of Railway Claims Tribunal Act, 1987 was presented by the parents (the appellants) on 27.06.2014 before the Railway Claims Tribunal, it being accompanied by an application under Section 17(2) of the Railway Claims Tribunal Act, 1987 read with Section 5 of the Limitation Act seeking condonation of delay attributing the delay on account of non-availability of requisite inquest report till 25.06.2014, the applicants also pleading that they were poor and illiterate and had not had the benefit of advice or knowledge of the technicalities of law.

(2.) In terms of Section 17(1) such a claim is to be presented ordinarily within one year of the occurrence of the accident, it, however, being within the jurisdiction of the claims tribunal to condone the delay upon "sufficient cause" being shown to its satisfaction. The tribunal declined to condone the delay and dismissed the claim petition as time barred by order dated 06.01.2015.

(3.) Feeling aggrieved, the appellants approached this court by the appeal at hand.