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25th February, 2014 TASLIM AND ORS. ..... Appellants
Through: Mr. Anshuman Bal, Advocate.
Through: None.
To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL)
C.M. No.16879/2013 (restoration)
JUDGMENT
1. For the reasons stated in the application, the appeal is restored to its original number. C.M. stands disposed of. + FAO No.60/2013
2. This first appeal is filed against the impugned order of the Railway Claims Tribunal dated 17.10.2012 dismissing the prayer for 2014:DHC:1062 condonation of delay of about one year and six months in filing of the claim petition.
3. In law, condonation of delay has to be looked into with respect to facts of each case, however, it is settled law that whenever there is a provision of condonation of delay, delay is condoned unless the delay is such which amounts to want of good faith or there is criminal negligence. In fact, once an application is filed for condonation of delay, some amount of negligence is implicit as so held by the Supreme Court in the case of N. Balakrishnan Vs. M. Krishnamurthy AIR 1998 SC 3222.
4. I am inclined to condone the delay in the facts of the present case because I note that the deceased was only a labourer and therefore the appellants/applicants would hardly have any financial means, and which is given as a reason for approaching the Tribunal with delay. I also note that all the applicants except the widow of the deceased are minor children and therefore in a case such as the present where the persons concerned are illiterate people who do not have financial resources and approach the Court with delay, there is no reason why delay should not be condoned in view of the ratio of the judgment of the Supreme Court in the case of N. Balakrishnan (supra). No benefit is derived to the applicants by approaching the Tribunal with delay and surely it is not easy for illiterate people who are poor to have easy access to legal process and therefore there are sufficient grounds for condonation of delay.
5. Appeal is allowed and delay in filing of the petition before the Railway Claims Tribunal is condoned.
6. Railway Claims Tribunal will now decide the claim petition on merits. Parties to appear before the Registrar of the Tribunal on 22nd April,
2014. Registry to ensure that record is sent back to the Registrar for the date fixed.
FEBRUARY 25, 2014 VALMIKI J. MEHTA, J. Ne