SANJAY ASHOK RAJPUT Vs. UNION OF INDIA

JUDGEMENT

(1.) I have heard the submissions of the learned Counsel for the parties. The Appeal arises out of an order passed by the Railway Claims Tribunal on an Application for condonation of delay filed by the Appellant. The case of the Appellant is that on 20th December 1995 he was travelling from Dadar to Sion by a local train. He accidentally fell down from the train near Dadar Railway Station. He was admitted to K.E.M. Hospital, Mumbai. According to him, his left leg was to be amputed and he has lost his fingers of his right hand.

(2.) The Claim Application was filed on 16th April 2002 along with an Application for condonation of delay. The delay was of about 7 years and three months. By the impugned order, the learned Members of the tribunal have declined to condone the delay on the ground that sufficient cause for condonation of delay was not made out. The learned Members of the tribunal observed that on his own showing the Appellant had come to Mumbai in December 1998 for medical treatment. The Tribunal referred to paragraph 5 of the Claim Application and observed that the Appellant had stated that he was working as a the Restaurant Kitchen Supervisor in a restaurant in Mumbai.

(3.) The learned Advocate for the Appellant submitted that there is hardly any dispute about the factum of the accident. He submitted that the Appellant sustained serious injuries and he has given reasons for condonation of delay. He submitted that a liberal approach was contemplated while dealing with the application for condonation of delay.