ANWARI KHATOON Vs. THE UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent on this appeal and perused the record.

(2.) The appellant has filed this miscellaneous appeal against the order dated 17.09.2012 passed by Member (Technical), Railway Claims Tribunal, Patna Bench in Claim Case No. MA/PNBE/21 of 2001 whereby the learned Tribunal dismissed the claim petition finding it time barred and not supported with any delay condonation petition.

(3.) Factual matrix of the case is that the appellant filed Claim Case No. MA/PNBE/21 of 2001 for awarding compensation to the tune of Rs. 4,25,000/- on account of death of her husband in train accident with the case in succinct that on 19.05.2001, her husband, namely, Md. Shamsul purchased second class train ticket no. 42458 from Salounna Railway Station to Khagaria Junction. He boarded the train no. 322 down Samastipur-Saharsa passenger train. There was heavy rush in the train, so he could not enter into the bogie of the train and located himself at the gate of the bogie. When the aforesaid train reached at Mathurapur village, he fell down from the said train due to jostling of the passenger and jerk of the train and died on the spot.