JUDGMENT

G.S. Sandhawalia, J. (Oral) - C.M No. 8424-CII of 2016

1. Application for condonation of delay of 160 days in refiling the appeal is preferred. After hearing counsel for the parties and in view of the averments made in the application, the same is allowed and delay of 160 days in refiling the appeal is condoned.

2. C.M stands disposed of.

3. The present appeal under section 23 of the Railway Claims Tribunal Act, 1987 (for short, 'the Act') barred by 288 days is directed against the order dated 05/06.05.2014 of the Railway Claims Tribunal, Chandigarh Bench (for short, 'the Tribunal'), whereby the Tribunal has dismissed the application filed under Section 17(2) of the Act for condonation of delay of 1368 days in filing the appeal on the ground that the delay is inordinate and neither it has been correctly calculated nor explained properly and beyond the period of one year of limitation.

4. It was also noticed that the deceased - Sahid Ahmed had a major son also who could have looked after the family and file the case within the period of limitation. The claim was only filed on 01.10.2013, though the death had taken place on 29.04.2008. Along with the claim petition an applica