JUDGMENT :

1. Heard Mr. Manish Kumar Srivastava, learned counsel for appellant and Mr. Mahendra Kumar Mishra, learned counsel for respondent.

2. First Appeal From Order under Section 23 of the Railway Claims Tribunal Act, 1987 has been filed against order dated 30.09.2021 whereby application for condonation of delay in filing claim has been dismissed along with the claim application.

3. Vide order dated 26.11.2021, appeal had been admitted while summoning the lower court records, which have been forwarded by the tribunal concerned.

4. Learned counsel for appellant submits that upon death of Late Ajay Kumar, on 05.07.2015, the appellant who is his father and dependent went into shock and was mentally disturbed for a prolonged time due to which claim application was filed with a delay of three years and six months. It is submitted that in the application for condonation of delay, cogent ground had been indicated for filing the claim application with considerable delay. It is submitted that the delay in filing claim application was neither deliberate nor intentional and occasioned only due to advice of counsel as per which considerable time was lost in obtaining police reports and other p