- (1.)Being aggrieved by the order dated 09/10/12 passed by Railway Claims Tribunal, Bhopal in Case No.0038/12 whereby the application for condonation of delay and consequently the petition filed by the appellant for compensation was dismissed on the ground of delay, present appeal has been filed.
(2.)Short facts of the case are that the appellant filed a claim petition for compensation on account of injuries sustained in railway accident which took place on 28/08/05. In the claim petition it was alleged that the appellant was travelling in Puri-Ahmedabad Express for coming to Durg. It was alleged that because of heavy rush appellant fell down, with the result right hand of the appellant was amputated above the elbow and right leg of the appellant was amputated above the knee. It was further alleged that because of heavy bleeding appellant was brought to Durg and from where he was referred to Jawaharlal Nehru Hospital, Bhilai. lt was prayed that the claim petition be allowed and compensation be awarded. This claim petition was filed on 13/01/2012, while alleged incident took place on 28/08/05. Since there was delay of five years four months and 15 days in filing the claim petition, therefore, an application for condonation of delay was filed, which was dismissed by the impugned order, hence this appeal.
(3.)Learned counsel for the appellant argued at length and submits that the impugned order passed by the learned Court below is illegal, incorrect and deserves to be set aside. It is submitted that in the facts and circumstances of the case the approach of the learned Tribunal ought to have been liberal and application for condonation of delay ought to have been allowed. It is submitted that the appeal filed by the appellant be allowed and impugned order passed by the learned Tribunal be set aside.