SUDHAKAR WAMAN TEMBA Vs. UNION OF INDIA

JUDGEMENT

(1.) Present First Appeal has been preferred by the Appellants-Original claimants under Section-23 of the Railway Claims Tribunal Act being aggrieved by the impugned judgment and order dated 03/02/2012 passed in Case No. MX-0400059 by the Railway Claims Tribunal, Ahmedabad on the grounds stated in the memo of Appeal.

(2.) The original claimant was the passenger who had boarded Ahmedabad-Bhavnagar Intercity Express on 28/04/2002. When the train reached Bhavnagar and when the passengers were getting down including original claimant from the coach, due to sudden jerk he fell down and received serious injuries on both the legs as stated in the appeal memo. The claimant was taken to Divisional Railway Hospital and the operation was performed on both the legs. It is in this circumstance the claim has been made by filing aforesaid application. The claim was filed by the original claimant who ultimately died during the pendency of the case. The claim petition was preferred before the Railway Claims Tribunal for compensation. However, as there was a delay of 1 years and 7 months and 27 days, the Railway Claims Tribunal passed an order impugned refusing to condone the delay. Therefore, the present First Appeal has been preferred by the appellants-original claimants who are heirs and legal representatives of the deceased claimant.

(3.) Heard learned Advocate Mr. U. M. Shastri for the Appellants-original claimants and learned Advocate Mr. Ravi Karnavat for the Respondent.