A.M. KOTHANDARAMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenging the order passed in CMP No.12 of 2005 on the file of Railway Claims Tribunal at Chennai Bench, the claimant has filed the above appeal. The claimant filed the claim petition claiming a total compensation of Rs. 4,00,000/- for the injuries sustained by him. The contention of the petitioner is, by falling down from the moving train and on account of hit by an electric pole situated near St.Thomas Mount Railway Station and not regaining the consciousness for more than 3 weeks. The claimant filed the claim petition after the delay of 1547 days. The Claimant filed a Civil Miscellaneous Petition in 12 of 2005, which was dismissed by the Tribunal against which the claimant filed this appeal.

(2.) The brief facts about the appeal filed by the claimant /Appellant is that on 10.02.2000, when the claimant after attending his regular work in the Tamil Nadu Exservicemen Board, Kodambakkam, while he was returning back to Vandalur through EMU by boarding the said crowded EMU at Kodambakkam Railway Station after purchasing a ticket from Kodambakkam to Vandalur at about 9.00pm, when the said EMU was nearing St. Thomas Mount Railway Station, he was hit by an electric pole and accidentally fell down from the moving train and became unconscious. After regaining the consciousness, he realised that he had admitted at Government General Hospital, Chennai with heavy bandage around his head. Though he was discharged from the said Hospital, he was advised to take complete rest atleast for 6 months or one year as the case may be and visit the General Hospital frequently to get medicines. After the accident, he sustained fracture on the left sided pariental, temporal and occipital bones. Consequently, the appellant developed transient loss of memory with loss of consciousness or loss of memory for a period of one month with weakening of right sided upper limb. Till date, he is continuously taking treatment by consulting various neuro surgeons and had spent Rs. 1,00,000/- towards cost of medicines. In this circumstances, the claimant has stated that he could not meet his Counsel at Chennai for filing the Claim petition before the Tribunal. Hence, there is a delay of 2738 days in filing the claim petition.

(3.) The respondent filed a Counter statement stating that for any accident, the application for claiming compensation have been filed within 1 year from the date of accident. In this case, the appellant has not offered any convincing explanation for the inordinate delay in filing the application. The reason stated in the affidavit cannot be accepted as a valid excuse for condone the delay of 1547 days in filing the original application. It is also denied by the respondent that there is no willful latches on the part of the applicant.