JUDGMENT :

(Through : Video Conferencing)

1. Heard, learned counsel for the appellant, Mr. Vijay Shanker Jha and learned counsel for the respondent, Mr. Gautam Rakesh.

2. The appellant has preferred this appeal against the dismissal of her claim application vide judgment dated 28.07.2009 passed by Hon'ble Member (Judicial), Railway Claims Tribunal, Ranchi Bench, Ranchi in Case No. TTU-99027/99.

3. Learned counsel for the appellant has submitted that the appellant is the wife of the deceased-Hira Lal Mahto, who died in a railway accident on 24.04.1999 while travelling in Train No. 2G.G.C. DN (passenger train) from Khalari to Gomoh.

4. Learned counsel for the appellant has submitted that the Tribunal has wrongly dismissed the claim application by not considering the deceased to be a bonafide passenger, which is contrary to the record. So far untoward incident is concerned, it is not disputed by the Railway and the Tribunal, without assigning any reason, has dismissed the claim application.

5. Learned counsel for the appellant has further submitted that widow appellant could not prefer appeal within time and there is delay of 2423 days in preferring the appeal and for condonation of the sam