MOHAMAD KAMIL AHMEDMIYA SHAIKH Vs. UNION OF INDIA

JUDGEMENT

(1.) The parties are heard.

(2.) The present appellants submitted an application to the Railway Claims Tribunal, for Gujarat State, at Ahmedabad Bench, which was registered as Miscellaneous Application No.MXO100012, submitting, inter alia, that on 12th March, 1999, their son, Mohammad Abid Shaikh, was traveling as a bona fide passenger in the concerned train with Railway Ticket No.82134328 from Surat to Vapi in Memu Train No.742 UP and because of heavy rush in 2nd Class compartments, the deceased was standing near the entrance gate of the boggy and all of a sudden, in the unfortunate accident, because of a jerk, he fell from the boggy and died. It was submitted that the appellants were entitled to claim compensation under the provisions of the Railway Claims Tribunal Act, 1987. It is not denied before us that the application, seeking compensation, was to be made within one year, but, the present application was made with a delay of more than 15 months. The application for condonation of delay was also made with the submissions that because of the death, the appellants suffered a mental shock and they were under the impression that the period of three years' limitation would be applicable to the matter, as applicable to ordinary money suits. It was also submitted that the principle of law is that a case, which is good on merits, should not suffer because of some delay.

(3.) The application was opposed by the Railway Administration. After hearing the parties, the Bench of the learned Tribunal rejected the application, observing that appellant No.1, being an Advocate, cannot be allowed to say that he did not know the law. At the same time, being influenced by the period of delay, the learned Tribunal rejected the application.