VEENA RAO PHALKE Vs. UNION OF INDIA

JUDGEMENT

(1.) I.A. No. 1336/2010 is an application for condonation of delay in filing this appeal under Section 23 of the Railway Claims Tribunal Act, 1987. It is contended therein that the claim case was preferred by the appellant after death of her husband who while travelling as a bonafide passenger met with an untoward incident to which he succumbed. It is urged that after death of her husband there is no male member in the family and the local Counsel who was entrusted with the brief did not advise appellant properly as such she could not file appeal within time stipulated under the statute.

(2.) It is urged that, delay is bonafide and appellant is interested in prosecuting appeal. It is further urged that since the appellant was pitched against the circumstances which were beyond her control, therefore, also the delay in filing the appeal may be condoned.

(3.) Learned Counsel appearing for respondent on his turn has orally objected to the application for condonation of delay.