- (1.) Heard Sri Gajendra Yadav, Advocate, holding brief of Shri Dhiraj Chaurasiya, learned counsel for appellants, and Sri Pratul Kumar Srivastava, learned counsel for respondent.
(2.) This appeal has arisen from judgment and order dated 16.08.2010 passed by Railways Claims Tribunal, Lucknow (hereinafter referred to as 'Tribunal') dismissing appellant's case No. IA/88/10 (Smt. Kamla Devi and another Verus Union of India) on the ground of unexplained delay and since application filed under Section 5 of Limitation Act was dismissed, claim application was also dismissed as barred by limitation.
(3.) Incident occurred on 09.08.2004. Appellants filed claim application before Tribunal on 28.05.2010 along with application under Section 5 of Limitation Act along with an affidavit explaining delay.;