Shri Mangatu S/O Kartik Verma And Another v. Union Of India Bilaspur Thr. General Manager

(1) 95fa755.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO. 755OF 2022 Mangatu Kartik Verma and anr__ Vs. __Union of India --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr.S.B.Dhande, Advocate for appellant Ms. Neerja Chaubey, Advocate for Respondent CORAM :

AVINASH G. GHAROTE, J.

DATE : 23/12/2022 1] The appeal challenges the judgment dated 26.2.2016 passed by the learned Railway Claims Tribunal refusing the condone the delay of 1 year, 7 months and 23 days in filing the claim petition.

2] Ms. Choubey, learned counsel for respondent has no objection for condoning the delay. However, it is also material to note that note from para 13 of the impugned judgment that the only ground considered for rejection of the delay is a plea recorded that the claimants were dormant for the period of delay on account of which it was impossible for the Railway Administration to conduct proper enquiry.

3] In my considered opinion, the proposition for condonation of delay has been well settled by the Hon'ble Apex Court in case of Esha Bhattacharjee vrs. Managing Committee of Raghnathpur Nafar Academy,

(2) 95fa755.22 (2013) 12 SCC 649 and it has been held that the question of delay has to be considered in a liberal manner, with a justice oriented approach, so that the doors of the Court are not shut off for the litigants. The claimants/appellants are doing labour and household work. They have lost their only son to the tragic accident dated 27.2.2013, and therefore, the delay occurred in filing the claim petition, which was filed on 21.10.2015, has to be viewed in that background, considering which the impugned judgment dated 26.2.2016 of the learned Railway Claims Tribunal is hereby quashed and set aside and the matter is remanded back to the learned Railway Claims Tribunal for decision according to law. 4] Appeal is accordingly allowed in above terms. No costs.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: