The court may condone delay in filing an appeal under Section 5 of the Limitation Act, 1963 read with Section 151 CPC, considering the poor economic status and illiteracy of the appellant, and relying on previous decisions and the decision of the Supreme Court in In Re: Cognizance for Extension of Limitation, Suo Motu Writ Petition (Civil) No.3/2020.

JUDGMENT

Manoj Kumar Ohri, J. (Oral)

CM APPL. 7473/2021

1. The present application has been filed under Section 5 of the Limitation Act, 1963 read with Section 151 CPC on behalf of the appellant seeking condonation of delay of 705 days in filing the accompanying appeal.

2. Mr. Rajan Sood, learned counsel for the appellant, has submitted that after passing of the impugned judgment, the appellant could not file the accompanying appeal in time on account of paucity of funds and inability to obtain timely legal advice. In support, learned counsel has placed reliance on the decision of a Co-ordinate Bench of this Court in Mohsina & Ors. v. Union of India & Ors. reported as 2017 SCC OnLine Del 10003; of the Gujarat High Court in Wasim Shamshulhak Shaikh v. Union of India reported as 2018 SCC OnLine Guj 3330; and of the Bombay High Court in Smt. Kokilabai wd/o Shankarrao Choudhari v. Union of India, thr. its General Manager, Central Railway, Mumbai, FAO 6007/2019.

It is further submitted that in view of the decision of the Supreme Court in In Re: Cognizance for Extension of Limitation, Suo Motu Writ Petition (Civil) No.3/2020, the delay of 166 days from 15.03.2020 to 28.08.2020 stands condoned and there is a net delay of 509 days in filing the appeal.

3. It is worthwhile to note that in Mohsina (Supra), a delay of 804 days in filing of the appeal was condoned by a Co-ordinate Bench of this Court, taking into account poor economic status of the appellants/claimants. Relevant excerpt from the decision is reproduced hereunder:

"4. The appellants are seeking condonation of delay of 804 days in filing the appeal on the ground that appellant no. 1 is an illiterate and poor lady; she lost her husband in the train accident; her father-in-law was pursuing the case before the Claims Tribunal; her father-in-law expired, whereupon her mother-in-law threw her out from the matrimonial home and she is residing with her father who is also handicapped; she was working as a maid servant to make both ends meet; her cousin came from abroad on 02nd May, 2013 and felt pity over her and made enquiries from the Claims Tribunal and thereafter, helped her in filing the appeal.

5. Considering the extreme poverty and illiteracy of the appellants, the application is allowed and the delay in filing the appeal is condoned subject to the condition that the appellants would not be entitled to interest for the delayed period of 804 days."

4. In the present case, the appellant claims to have suffered grievous injuries on account of the alleged accident. In fact, he has undergone amputation of one of his legs below knee. It has been specifically averred that he being poor and illiterate, as well as out of work as a result of the injuries sustained, was short of funds and restricted in movement. Thus, he could not seek legal advice in time and instruct a counsel to file the appeal.

5. Considering the facts and circumstances of the case as well as the import of decision rendered by Co-ordinate Bench of this Court in Mohsina (Supra), the application is allowed and the delay in filing the accompanying appeal is condoned.

6. The application is disposed of.

FAO 79/2021

7. The present appeal has been filed under Section 23 of the Railway Claims Tribunal Act, 1987 on behalf of the appellant/claimant seeking setting aside of judgment dated 04.06.2018 passed by the Railway Claims Tribunal, Principal Bench, Delhi in Claim Application No.OA (IIu) 284/2017, whereby his claim petition seeking injury compensation was dismissed. The appellant further claims interest @ 18% per annum on the compensation amount from the date of filing of claim petition before the Tribunal till realization.

8. Facts, as culled out from the claim petition, are that on 08.08.2017, the appellant/claimant (aged 24 years) was travelling from Kosi Kalan to Tughlakabad, Delhi in Intercity Express Train with a valid ticket bearing No.00660325 for Rs.45/-. When the train reached Ballabhgarh Railway Station, he