ADHILAKSHMI Vs. UNION OF INDIA

JUDGEMENT

(1.) The Railway Claims Tribunal dismissed the application, seeking condonation of delay of 1,826 days in filing the petition for compensation on the ground that the towering delay of more than five years cannot be condoned, as the conduct of the petitioners only reflect complacency and negligence.

(2.) It is the contention of the Southern Railway / respondent herein that, as per Section 17 (b) of the Railway Claims Tribunal Act, 1987, the Application for compensation for death or injury to any person ought to have been filed within one year from the date of accident, i.e., when the accident was on 03.02.2009 and the consequent death of the breadwinner, having occurred on 16.02.2009, the Application ought to have been filed on or before 15.02.2010 and the Claim Petition, having been filed on 21.04.2014, is not maintainable.

(3.) Whether this contention is correct or not is the issue to be decided?