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2007 Supreme(Ker) 616

J.B.KOSHY, K.HEMA
K. K. Pushpakaran – Appellant
Versus
Union of India – Respondent


Advocates appeared:
T. C. Govinda Swamy and Martin Thottan for Petitioner: K. V. Sadananda Prabhu
Alexander Thomas for Respondent.

Judgment :

KOSHY, J. :- Appellants filed an application. O.A. No. 30 of 1999 before the Railway Claims Tribunal. Ernakulam Bench claiming a compensation of Rs. 4.00.00/for the demise of their son in a train accident under Section 125 of the Railways Act. 1989 read with Section 16 of the Railway Claims Tribunal Act. The application was dismissed for default as appellants were absent on one day of the posting dates. They filed an application for setting aside the order dismissing the original application for default. Rule 18 of the Railway Claims Tribunal (Procedure) Rules. 1989 reads as follows:

"18. Action on application for applicant's default. - (1) Where on the date fixed for hearing of the application or on any other date to which such hearing may be adjourned, the applicant does not appear (when the application is called) for hearing the Tribunal may, in its discretion, either dismiss the application for default or hear and decide it on merit.

(2) Where an application has been dismissed for default and the applicant files an application within thirty days from the date of dismissal and satisfies the Tribunal that there was sufficient cause for his non-appearance when the applicat








































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