SHARMILABEN Vs. UNION OF INDIA

JUDGEMENT

(1.) APPEAL IS ADMITTED.

(2.) CONSIDERING the issue involved in the appeal and with the consent of learned counsel representing both the sides, the appeal is taken up for final hearing and is being disposed of by this order. The instant appeal is directed against the impugned order dated 25.08.2009 passed by the Railway Claims Tribunal, Ahmedabad Bench (for short ?the Tribunal?) in Case No.MX0700054 whereby the Tribunal came to the conclusion that the delay caused in preferring the Claim Petitions by the appellants could not be condoned and dismissed the said delay condonation application.

(3.) I have taken into consideration the impugned order passed by the Tribunal. There is no dispute that the incident occurred on 01.06.1994 and the appellants, along with the delay condonation application filed claim petition before the Tribunal on 25.04.2007, meaning thereby that there was delay of 12 years, 10 months and 24 days. Before the Tribunal, the appellants raised the grounds that because of their poverty and illiteracy and considering the nature of work done by them which requires continuous movement from place to place and as they could not immediately contact a learned counsel, the delay had occurred. The Tribunal came to the conclusion that these are not sufficient grounds for condonation of delay. Having considered the submissions advanced on behalf of both the sides, so also considering the facts and circumstances of the case, as well as the papers annexed with this appeal and considering the nature of the litigation, this Court is of the opinion that the delay has been properly explained by the appellants. However, considering the length of delay, this Court is of the opinion that the appellants shall be saddled with reasonable cost which shall be payable to the respondent. The appeal, therefore, deserves to be allowed, in terms of the following order.