SONI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in the present appeal is to the order dated 29.9.2008, passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh (for short, 'the Tribunal'), whereby the application filed by the appellant for restoration of Original Application No. OA-II/ 121/2006, which was dismissed in default on 25.9.2007, was dismissed.

(2.) Learned counsel for the appellant submitted that it is a hard case in which the husband of the appellant expired and for payment of compensation, claim petition was filed before the Tribunal. As the accident had taken place within the jurisdiction of the Tribunal at Chandigarh and the appellant in the present case belongs to Bihar, counsel from Bihar only was engaged, who though initially attended some hearings, but thereafter neither attended the hearings nor informed the appellant, as a result of which the petition was dismissed in default on 25.9.2007. Immediately when the appellant came to know about the dismissal of the petition claiming compensation, an application for restoration thereof was filed on 17.7.2008, which was dismissed as barred by time. Considering the aforesaid facts, it was submitted that application for restoration filed by the appellant deserves to be accepted and the claim petition be decided on merits.

(3.) On the other hand, learned counsel for the respondent submitted that it is a case of gross negligence of the appellant as well as her counsel. Even if the counsel had not appeared on 25.9.2007, when the case was dismissed in default, the appellant also was equally negligent. The application was filed only on 17.7.2008, i.e., nearly 10 months thereafter. There is no reason forthcoming as to why the appellant did not pursue her case diligently. As the cause shown for restoration and that too which was prayed for belatedly was not sufficient, the Tribunal has rightly dismissed the application.