MISHRO DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987 (for short, 'the Act') is directed against the order dtd. 23/3/2015 of the Railway Claims Tribunal, Chandigarh Bench (for short, 'the Tribunal'), whereby the Tribunal as such has dismissed the claim application on the ground of inordinate long delay of two years and twelve days by placing reliance upon judgment of Supreme Court in D.Gopainathan Pillai vs. State of Kerala & Anr., 2007 (2) SCC 322. Another ground for dismissing the application was that neither the counsel nor the applicant appeared before the Bench after filing of the said application though the matter had been adjourned on six consecutive occasions.

(2.) The record has been perused. The present case is of injury received by the appellant leading to the amputation of the left leg on account of the accident which took place on 22/6/2011. The application under Sec. 124-A of the Railways Act, 1989 was filed on 4/7/2014 along with application under Sec. 17(2) of the Act, read with Sec. 5 of the Limitation Act, 1963. In the application it has been averred that the appellant was admitted in General Hospital Bhiwani on 13/9/2013 and she was discharged on 25/9/2013. After the accident she had remained admitted in PGI Rohtak and General Hospital Bhiwani many times and several operations were performed on her by the doctors. She only came to know her right to file the claim application on 1/7/2014 and thus delay has taken place. Counsel for the appellant has also relied upon the discharge slip issued by the General Hospital, Bhiwani to show that she was discharged on 25/9/2013 and it was a case of amputation. The claim also was thus on account of amputation of the left leg below knee.

(3.) The application was contested by the Union of India on the ground that there was no plausible explanation as such and vague grounds have been taken. The provisions of Railway Claims Tribunal Act 1987 and the Railways Act, 1989 have been held to be a beneficial piece of legislation, by the Apex Court in Union of India vs. Prabha Karan Vijaya Kumar and Ors., 2008 (9) SCC 527 and Jameela and Ors. vs. Union of India, 2010 (12) SCC 443.