Valmiki J Mehta, J.

CM. No.3755/2011 (Condonation of delay) in FAO No. 100/2011

1. This is an application for condonation of delay of 240 days in filing the appeal on the ground that the appellants are very poor persons having a hand to mouth existence and therefore they did not have necessary funds to file the present appeal. It is stated in the application that time was taken for arranging funds and which funds were made available from close relations only in the first week of December, 2010, whereafter counsel was engaged, and who thereafter took some time to go through the documents before filing the appeal. Though there is general opposition to this application, I find that there is truth and credibility in the averments made in the application. The application is therefore allowed and delay of 240 days in filing of the appeal is condoned.

FAO No.100/2011

The challenge by means of this First Appeal u/s 23 of the Railway Claims Tribunal Act, 1987 is to the impugned judgment of the Railway Claims Tribunal dated 2.12.2009 which dismissed the claim petition for compensation filed by the appellants who were the legal heirs of the deceased Smt. Jamuna Devi.

2. The facts of the