Madhya Pradesh High Court
Devki Yadav vs Union Of India on 28 January, 2022
Author: Nandita Dubey
1
HIGH COURT OF MADHYA PRADESH
M.A. No.304/2022
(Devki Yadav & Others Vs. Union of India & Others)
Jabalpur, Dated : 28.02.2022
Shri Devendra Singh Thakur, learned counsel for the
appellants.
Shri Govind Pratel, learned counsel for the respondent No.1-
Union of India.
This appeal has been filed under Section 23 of the Railway
Claims Tribunal Act, 1987 challenging the order dated 25.11.2021
whereby the application for condonation of delay of the appellants
has been rejected for the reason that the appellants have not
explained the delay on day today basis and consequently the claim
petition was also dismissed.
Learned counsel for the appellants submits that the Railway
Cliams Tribunal, Bhopal (M.P.) has committed an error in rejecting
the application for condonation of delay. It is further pointed out
that the impugned order has been passed by a Member (Technical),
whereas in the case of Amuly Chandra Kalita vs. Union of India,
reported in (1991) 1 SCC 181, the Apex Court has held that every
Bench of the Tribunal must consist of a judicial Member and an
Administrative Member. It is further pointed out that similar
question has been decided in (2002) 10 SCC 338 in the case of
State of M.P. vs. B.R. Thakre and Others wherein the Court has
held that the Division Bench of one of the Member should be a
Judicial Member. In Para 3 of this judgment, the Apex Court has
held as under:-
"Even assuming that all the powers of the Tribunal
could be exercised by any Single Member, it can only
be by a judicial Member of the Tribunal and not any
other member under the aforesaid order."
It is further pointed out by the learned counsel for the
appellants that the claim petition was filed by the appellant on
account of death of her husband in a railway accident and the
widow/appellant being a lady is unaware of the legal provision and
therefore could not take steps within time for filing the claim
petition. It is submitted that the Division Bench of this Court in the
case of Ahmad Husain Mansoori & Another vs. Union of India
passed in W.P. No.12347/2015 has condoned the delay of around 4
years and 22 months in similar circumstances and the Division
Bench has held as under:-
"Heard learned counsel for the parties.
Railway Claims Tribunal has been constituted to
consider the claim of victims or the dependents who
suffer because of accidents and other casualties
occurring in the railway Establishment.
Such cases are to be evaluated on merit and efforts
should be made to decide them on merit without
being concerned about technicalities of law like
procedures not being followed in the matter of filing
of claim petition or delay. Liberal condonation of
delay should be permitted and after evaluating the
grievance of the persons, efforts should be made for
deciding the claim on merit. In this case, petitioners
have lost both their sons in two untoward incidents
and the agony suffered by them can be conceived by
us. It is a case where atleast justice should have been
done by considering the application for grant of
compensation on merit and deciding it on merit
instead of dismissing it on the grounds of delay.
The petitioners on the basis of material that has
come on record have shown sufficient cause for the
delay in question and even this Court on 13.2.2014
while considering W.P. No.15395/2012 has found
that there is sufficient cause for the delay.
Keeping in view all these factors and the interest of
justice involved in the matter, we have no hesitation
or doubt that this petition has to be allowed, the
impugned order quashed and the matter remanded
back to the Claims Tribunal with a direction to
decide the claim on merit.
Accordingly we allow this petition, quash the order
Annexure P/3 passed by the Railway Claims
Tribunal and direct for registering the claim as an
application for claim in accordance with the rules
and proceed to decide it on merit in accordance
with law within a reasonable time.
With the aforesaid, the petition stands allowed and
disposed of."
Having regard to the facts of the case and the decisions relied
on by the learned counsel for the appellants, I am of the opinion that
the present appeal stands on the similar footing and require to be
allowed.
Under the circumstances, the order of the Railways Claims
Tribunal, Bhopal rejecting the application and consequently the
claim petition on the ground of delay is set aside. The delay in filing
the claim petition before the Tribunal is condoned and the matter is
remanded to the Tribunal with direction to decide the claim petition
of the appellants on merits in accordance with law within a period of
6 months from the date of communication of the order passed today.
The appeal is accordingly allowed.
A copy of the order be also sent to the concerned Tribunal.
(Nandita Dubey)
Judge
sjk
SHARAN JEET KAUR
JASSAL
2022.01.28 16:18:36
+05'30'
