T. YUVARAJ Vs. RAILWAYS CLAIMS TRIBUNAL CHENNAI BENCH

JUDGEMENT

(1.) The instant Civil Revision Petitions have been filed under Article 227 of the Constitution of India, challenging the order dated 05.06.2012 passed by the Railways Claims Tribunal, Chennai, in I.A. Nos.16 and 17 of 2012 in Res. A. No.21 of 2010.

(2.) The petitioner is the claimant before the Railways Claims Tribunal, who has sought for damages, as a result of the accident caused to him on 17.07.2007 while he was travelling in the Tirchirapalli - Tiruvarur passenger Train No.6876 from Trichy to Kumbakonam. The claim was filed with a delay of 594 days. The delay can be condoned by the Railway Claims Tribunal under Section 17(2) of the Railway Claims Tribunal Act, if the applicant satisfies the claims Tribunal that he has sufficient cause for not making the claim application within the prescribed period.

(3.) As seen from the affidavit filed in support of I.A. No.17 of 2010 seeking to condone the delay of 594 days, the petitioner has stated that due to the injury caused to him, he was admitted in Tanjore Government Hospital and he was in coma stage for a period of 35 days. Thereafter, he was unable to speak and recognise others for a long period of time and he was completely bedridden. He has also stated that it took more than 2 1/2 years for him to recover from the injury. It is also stated that, in the meantime, his mother passed away, seeing his pathetic condition. In the said process, according to the petitioner, there was a delay of 594 days in filing the claim application.