NAIPAI GUDIYA Vs. THE UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29.04.2014 passed by the learned Member (Technical), Railway Claims Tribunal, Ranchi in Case No.OA(IIU)/RNC/2010/0116 and old No.OU-70024/07 whereby the claim of the claimant/ applicant was dismissed on the ground that the applicant was not interested in prosecuting the case.

(2.) Learned counsel, for the appellant, has submitted that the claimant's husband, Nuna Ho, had died when he slipped and fell down and came under the wheels of train No.8034 UP in which he was travelling as a bonafide passenger from Howrah to Chakradharpur. It is submitted that the documents were filed by the claimant/ appellant, but she being the house wife could not give proper instruction and due to lack of communication from the conducting counsel, she was unable to prosecute the case, hence, the case was dismissed for non-prosecution. On the said grounds, learned counsel, for the appellant, prays that the impugned order be set aside and matter be remitted to the learned Tribunal with a liberty to the claimant/ appellant to adduce necessary evidence.

(3.) Learned counsel appearing on behalf of the respondent has submitted that it would be evident that after filing of the written statement, as many as 13 adjournments were granted, but the claimant/ applicant did not prosecute the case and the court below has rightly dismissed the application.