KUJMATI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard on I.A.No.8460/2009 under Section 5 of the Limitation Act for condonation of delay of 319 days in filing this miscellaneous appeal.

(2.) It has been submitted on behalf of the appellant that appellant Kunjmoti is widow of deceased Raghuwar who had died in a train accident while traveling from Allahabad to Chapa in Sarnath Express on 15.01.2004. The Railway Claims Tribunal Bhopal Bench, had allowed the claim under Section 16 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to in the order as "the Act" ); and had awarded a sum of Rs.4,00,000/-. Being aggrieved by the quantum of the award, this miscellaneous appeal under Section 23 of the Act, has been preferred.

(3.) It has been stated that as the appellant was not satisfied by the award passed by the Railway Claims Tribunal dated 29.08.2008, shall handed over the copy of the award for necessary action to her counsel Shri Manishanker Sahu of Raigarh; however, since the formalities regarding vakalatnama and affidavit could not be completed by the appellant, the appeal could not be preferred within the stipulated period. Subsequently, the copy of the award got misplaced in the office of the advocate. Later, on 25.07.2009, she learnt that for want of formalities regarding vakalatnama and affidavit, the appeal could not be filed. So, she along with her counsel visited the counsel at Jabalpur and ultimately the appeal was filed on 31.07.2009. The miscellaneous appeal was accompanied by an application under Section 5 of the Limitation Act, supported by affidavit of the appellant. Thus, the delay of 319 days was bona fide and deserves to be condoned.