LALITA MANOJ PAWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Present appeal has been filed by the original claimants challenging the order passed by the Railway Claims Tribunal, Mumbai, in Case No. MA/MCC/2013/0084, which came to be dismissed in default on 05-05-2014.

(2.) The present appellants are the original applicants who had filed the said application before the learned Railway Claims Tribunal for getting delay of 11 days condoned in filing application for compensation. It was contended that as per the tradition, the applicants could not go outside for six months after death of the deceased, who was the husband of claimant no.01 and father of claimants no.02 to 05 as well as son of claimants no.06 and 07. Said Manoj Pawar expired on 23-04-2012 when he was travelling from an unknown train, in an untoward incident. It was the contention of the present claimants, that due to the sudden demise of Manoj, the entire responsibility fell on his widow and old parents. They are very poor and had no legal access; therefore, could not file the claim petition earlier. There is delay of 11 days and therefore, they had prayed in the said application to condone the delay.

(3.) The application was objected by filing say by the respondents. It was mainly stated that the delay has not been properly explained. However, on the date of hearing of the application, the applicant was absent and it appears that even after giving chance on two subsequent occasions, the applicants could not appear and therefore, the said application came to be dismissed in default.