MAHENDRA ANANTRAM CHOURE Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties. Admit. Heard by consent finally.

(2.) THIS civil revision application is directed against the order dated 28. 4. 1998 passed by the Railway Claims Tribunal, nagpur, dismissing the applicant's application for condonation of delay involved in filing a claim petition before the Tribunal.

(3.) UNDISPUTEDLY, on 10. 2. 96 the wife of the applicant Shashikalabai along with the applicant and their minor sons, applicant nos. 2 to 4 were travelling by Nagpur-Tatanagar passenger train Ex. Tiroda to raipur and during this journey the wife of the applicant had fallen down from the running train and ultimately died of the accident. The applicants, therefore, filed a complaint for compensation before the railway Claims Tribunal. The claim was filed on 29. 10. 1997, though the limitation for filing the same was up to 10. 2. 1997. There was thus a delay of eight months and ten days for filing the claim. As such the application for condonation of delay was filed along with the claim application. Since this application has been rejected, the present revision has been filed. It was urged by Mr. Harsulkar that the explanation given by the applicant in the application has not been properly considered by the Railway Claims Tribunal, which has resulted ultimately into not exercising the discretion properly. Learned counsel for the respondent, however, submitted that since there was no explanation properly given much less satisfactory one the rejection of the application for condonation of the delay cannot be held to be in any way improper and the revision is, therefore, liable to be dismissed.