The Railway Claims Tribunal dismissed the application, seeking condonation of delay of 1,826 days in filing the petition for compensation on the ground that the towering delay of more than five years cannot be condoned, as the conduct of the petitioners only reflect complacency and negligence.

1.1. This order is under challenge in this revision petition.

2. It is the contention of the Southern Railway/respondent herein that, as per Section 17(b) of the Railway Claims Tribunal Act, 1987, the Application for compensation for death or injury to any person ought to have been filed within one year from the date of accident, i.e., when the accident was on 03.02.2009 and the consequent death of the breadwinner, having occurred on 16.02.2009, the Application ought to have been filed on or before 15.02.2010 and the Claim Petition, having been filed on 21.04.2014, is not maintainable.

3. Whether this contention is correct or not is the issue to be decided?

4. In the Application, seeking condonation of delay, the following reasons have been adduced:-

1. The first petitioner, Adhilakshmi, is an illiterate women, having no legal knowledge.

2. The sudden demise of her husband left her with the responsibility of maintaining three minor daughters.

3. The above two circumstances made her sick and she was also taking native treatment for jaundice.

5. Whether these three causes alleged, can be construed as a sufficient cause, justifying the delay in filing the petition, is the issue canvassed.

6. At this juncture, it will be useful to refer to the provisions dealing with the limitation, namely, Section 17 of the Act, which read thus:-

“17. Limitation-

(l) The Claims Tribunal shall not admit an application for any claim-

(a) under sub-clause (i) of clause (a) of subsection (1) of section 13 unless the application is made within three years from the dale 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, subsection (1A)I of section 13 unless the application is made within one year of occurrence of the accident;

(c) under clause (b) 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 of three months next after the date on which the intimation of the claim has been preferred under section 78B of the Railways Act.

(2) Notwithstanding anything contained in subsection (1), an application may be entertained after the period specified in sub-section (i) if the applicant satisfies the Claims Tribunal that he had sufficient cause for not making the application within such period.”

6.1. Section 13 of the Act reads thus:-

13. Jurisdiction, powers and authority of Claims Tribunal.-

l) The Claims Tribunal shall exercise, on and from the appointed day, 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 Railways Act –

(a) relating to the responsibility of the railway administrations 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

(b) 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.

(1A) The Claims Tribunal shall also exercise, on and from the date of commencement of the provisions of section 12A of the Railways Act, 1989