Arup Kumar Goswami, J.

1. Heard Mr. H.P. Barman, learned counsel appearing for the appellant. Also heard Mr. B. Sarma, learned Standing counsel, N.F. Railway, appearing for the respondent.

2. This appeal is preferred under Section 23 of the Railway Claims Tribunal Act, 1987 (for short, "1987 Act"), against the order dated 30.04.2009, passed by the Railway Claims Tribunal, Guwahati, in No. M-54/05 dismissing the application filed for condonation of delay.

3. Pursuant to the order of this Court, initially, reconstructed records of Application No. M-54/05 in the Railway Claims Tribunal, Guwahati Bench, had been sent to this Court. Subsequently, however, the original records were also sent.

4. Under Section 13 of the 1987 Act, Railway Claims Tribunal exercises all such jurisdiction, powers and authority as were exercisable immediately before that day by any civil Court or a Claims Commissioner appointed under the provisions of the Indian Railways Act, 1890, relating to the responsibility of the Railway administration as carriers under Chapter VII of the Railways Act in respect of claims for - (i) compensation for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to a Railway administration for carriage by Railway; (ii) compensation payable under Section 82A of the Railways Act or the rules made thereunder; and in respect of the claims for refund of fares or part thereof or for refund of any freight paid in respect of animals or goods entrusted to a Railway administration to be carried by Railway. The Railway Claims Tribunal also exercises, on and from the date of commencement of the provisions of Section 124A of the Railways Act, 1989, all such jurisdiction, powers and authority as were exercisable immediately before that date by any civil Court in respect of claims for compensation now payable by the Railway administration under section 124A of the said Act or the rules made thereunder. The provision of the Railways Act, 1989 and the rules made thereunder shall, so far as may be, be applicable to the inquiring into or determining, any claims by the Railway Claims Tribunal.

5. Section 16 under Chapter IV of the 1987 Act provides for an application to the Railway Claims Tribunal for seeking relief. It reads as under:

"16. Application to Claims Tribunal. (1) A person seeking any relief in respect of the matters referred to in sub-section (1) of section 13 may make an application to the Claims Tribunal.

(2) Every application under sub-section (1) shall be in such form and be accompanied by such documents or other evidence and by such fee in respect of the filing of such application and by such other fees for the service or execution of processes as may be prescribed:

Provided that no such fee shall be payable in respect of an application under sub-clause (i) of clause (a) of sub-section (1) of section 13."

6. Section 17 of the 1987 Act deals with the period of limitation and, having regard to the issue involved in the present appeal, it will be appropriate to take note of Section 17 and, accordingly, the same is reproduced below:

"17. Limitation.-(1) The Claims Tribunal shall not admit an application for any claim-

(a) under sub-clause (i) of clause (a) of sub-section (1) of section 13 unless the application is made within three years from the date on which the goods in question were entrusted to the railway administration for carriage by railway;

(b) under sub-clause (ii) of clause (a) of sub-section (1) [or, as the case may be, sub-section (1A)] of section 13 unless the application is made within one year of occurrence of the accident;

(c) under clause (b) of sub-section (1) of section 13 unless the application is made within three years from the date on which the fare or freight is paid to the railway administration:

Provided that no application for any claim referred to in sub-clause (i) of clause (a) of sub-section (1) of section 13 shall be preferred to the Claims Tribunal until the expiration o