L. SULTHANA Vs. THE UNION OF INDIA

JUDGEMENT

(1.) Challenging the order passed in I.A.No. 61 of 2015 in Dy. No. 83 of 2015 on the file of the Railway Claims Tribunal, Chennai Bench, Chennai, the claimant has filed the above appeal.

(2.) The claimant filed the claim petition in Dy. No. 83 of 2015 claiming a total compensation of Rs. 4 lakhs for the injuries sustained by her out of the accident by falling from the train. The claimant filed the claim petition after a delay of 2738 days. To condone the delay of 2738 days in filing the claim petition, the claimant filed I.A.No. 61 of 2015, which was dismissed by the Tribunal, against which, the claimant filed the appeal.

(3.) It is the case of the claimant/appellant that on 27.02006, she and her father came to Krishna-rajapuram railway station for proceeding to Ambur and also took train ticket. The claimant and her father boarded the passenger train and when the train reached Ambur and when it was slowly entering into Ambur railway station, she tried to alight from the said train and slipped from the said train and fell in between the train and the railway track in the said station and was ran over by the said train. Out of the said accident, the claimant's both legs were crushed and she was immediately taken to Government Hospital, Ambur, where she got treatment. Thereafter, the claimant was transferred to the Government Hospital, Vellore, where both her legs were amputated. Even after continuous medical treatment for three years, the wounds did not heal. Further, she could not move around without the help of a person. In these circumstances, the claimant has stated that she could not meet her lawyer at Chennai for filing the claim petition before the Tribunal. Hence there is a delay of 2738 days in filing the claim petition.