BALA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of FAO Nos. 5153 and 5154 of 2006 as identical questions of law and fact are involved for adjudication. For facility of reference, facts are taken from FAO No. 5153 of 2006.

(2.) Counsel for the appellants would inform that Bala Devi and Ankit Kumar dependents of Kushal Pal Singh filed an application for grant of compensation in regard to death of Kushal Pal Singh in an untoward incident.

(3.) Along with application for compensation, application under Section 5 of the Limitation Act, 1963 (in short "the Act") seeking condonation of delay of 557 days in filing the claim application was filed. It is submitted that a plea was raised by the claimants that Bala Devi is a poor lady and she has no source of income, therefore, she was unable to file claim application in time resulting in delay of 557 days. It is further submitted that delay in filing the claim application was neither intentional nor mala fide. According to counsel, the provisions of Railways Act, 1989 (in short " Railways Act") providing for compensation are benevolent social legislation enacted with a view to pay pre-determined compensation to dependents of a bona fide passenger who sustained injuries in an untoward incident defined under the Railways Act. It is further argued that even if there was delay in filing application for compensation, there is no question of any prejudice being caused to the respondent and, at best, the respondent may raise a plea that liability to pay interest for the period of delay can not be fastened in case the claim is eventually successful and compensation is allowed. The last submission made by counsel is that in such like cases, the Tribunal should adopt a liberal and pragmatic approach so that the victim family is not denied compensation on technical consideration.