A. PUNNAIAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Civil Miscellaneous Appeal under Sec. 23 of the Railway Tribunal Act, is filed against the order, dtd. 28/10/2021 passed in DDR No.297 of 2020 in M.A.No.17 of 2021 on the file of Railway Claims Tribunal, Amaravathi Bench, whereby the application filed by the appellant to condone of delay of 1796 days in filing claim petition was dismissed.

(2.) The brief facts of the case are that the appellant/applicant met with untoward incident on 16/11/2014 while he was travelling through valid ticket, due to which his left leg was crushed and ultimately it was amputated below knee. Due to lack of knowledge about railway compensation case and provisions of Sec. 124 of Railways Act for compensation, he did not file application for compensation. But, recently he came to know about the same through one Vishnu Vardhan, who was awarded compensation by RCT/Amaravathi Bench, Guntur towards loss of left eye in train journey. Hence, he filed claim petition along with delay petition to condone the delay of 1796 days.

(3.) Lower Tribunal dismissed the petition holding that the explanation given by the petitioner is not sufficient to condone such delay and the records pertaining to the said period might have been destroyed and if the delay is condoned, it would prejudice the rights of Railways to contest the matter.