UNION OF INDIA Vs. MANU RANI GHOSE

JUDGEMENT

(1.) TO husband out life 'staper at the stage of loss of her husband persuaded her to approach the Railway Claims Tribunal (R.C.T.) for compensation as known under Section 124 -A of the Railways Act (hereinafter referred to as the said Act).

(2.) WHILE death claimed her soulmate in fortuitous circumstances as known to the provisions of the aforesaid section of the said Act, can time steal her claim for sustenance? It would be of primordial consideration of the parameters of this Appeal filed at the instance of the South Eastern Railway Administration through its General Manager.

(3.) INVITING our attention to sub -section (2) of Section 17 of the Railway Claims Tribunal Act (RCT Act for short), she has submitted that in view of sub -Section (2) there is a specific bar on filing of appeals beyond statutory period and the RCT in fact has caused a failure of justice of being oblivious of the said provisions and allowed the Respondent (Claimant before the RCT) to have her claim put on board. She has further submitted that the reason for delay which has been shown in the petition (Annexure 'P2 ') is not sufficient nor can it be said that there was justified reasons for condoning it. Accordingly, she has prayed for dismissing the claim petition pending before the RCT in the circumstances that have been put on the file.