BAHARUL ISLAM, J.:- This appeal is under the Letters Patent and is from a judgment and decree passed by a learned single Judge of this Court.* It arises out of a claim petition made by the mother of one Mahendra Goswami, alleged to have been the victim of a Railway accident that took place at the Diphu Railway Station on the 23rd April, 1966.

* Reported in AIR 1972 Gauhati 97.

2. The Claims Commissioner on consideration of a number of points raised by the parties rejected the application. Two of the grounds on which the application for compensation was rejected were (1) that the application was barred by limitation; and (2) that the death of Mahendra Goswami has not been proved. The learned Single Judge affirmed the order.

3. It is admitted by both the parties that the accident in question took place on the 23rd April, 1966. The application for compensation was made by the appellant who was the mother of Mahendra Goswami on 2nd September, 1968. The period of limitation of the application is three months. But on the discretion of the Claims Commissioner the period can be extended to one year. Clearly the application is barred by limitation.

4. Mr. S.K. Senapati, the learned co