KAUSHAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed by Smt. Kaushal, Kajal and Monika against the order dated 11.5.2005 passed by the Railways Claims Tribunal, Chandigarh Bench, Chandigarh vide which the application moved for condonation of delay has been dismissed.

(2.) The brief facts, giving rise to this appeal are that on 25.7.2001 the deceased Rajinder Kumar, husband of the appellant widow was going from Railway Station Kaithal to Kurukshetra on a local train and had fallen down due to heavy rush in the train. He sustained grievous injuries and died at the spot. The appellants filed a claim petition before the Railways Claims Tribunal under Section 16 of the Railways Claims Tribunal Act, 1987 (for brevity the Act) for grant of compensation as envisaged under the law. As the limitation for filing the claim in the present case was one year but due to the circumstances that the petitioner widow was a very poor lady having two minor children and the deceased was sole bread earner of the family and after the death of her husband she has no source of income at all,she filed the application for condonation of delay of 668 days in filing the claim. The learned Tribunal vide order dated 11.5.2005 dismissed the application on the ground of delay holding that there was no sufficient cause for not preferring the claim within limitation.

(3.) I have heard the learned counsel for the parties besides perusing the record with due care and circumspection.