Krishna Bai vs Union Of India
2022 Latest Caselaw 12645 MP

                                                                    1
                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                  BEFORE
                                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                         ON THE 21st OF SEPTEMBER, 2022

                                                       MISC. APPEAL No. 4306 of 2022

                                           BETWEEN:-
                                   1.      KRISHNA BAI W/O LATE      SHRI RAMCHANDAR,
                                           AGED ABOUT 49 YEARS,      OCCUPATION: HOUSE
                                           WIFE VILLAGE DELCHI       POST MAKDON TEH.
                                           TARANA    DISTRICT         UJJAIN  (MADHYA
                                           PRADESH)

                                   2.      BHARAT S/O LATE SHRI RAMCHANDAR, AGED
                                           ABOUT 38 YEARS, OCCUPATION: LABOUR
                                           VILLAGE DELCHI POST MAKDON TEH. TARANA
                                           DISTRICT UJJAIN (MADHYA PRADESH)

                                   3.      MAKHAN S/O LATE SHRI RAMCHANDAR, AGED
                                           ABOUT 27 YEARS, OCCUPATION: LABOUR
                                           VILLAGE DELCHI POST MAKDON TEH. TARANA
                                           DISTRICT UJJAIN (MADHYA PRADESH)

                                                                                                .....APPELLANT
                                           (BY SHRI SHAFIQULLAH )

                                           AND
                                           UNION OF INDIA THROUGH                GENERAL
                                           MANAGER    CHURCH   GATE               MUMBAI
                                           MAHARASTRA (MAHARASHTRA)

                                                                                             .....RESPONDENTS


                                         This appeal coming on for ORDERS this day, th e court passed the
                                   following:
                                                                     ORDER

This Misc. Appeal is filed by the claimants being aggrieved of order

Signature Not Verified SAN dated 27.06.2022 passed by learned Railway Claims Tribunal whereby

Digitally signed by VARSHA DUBEY application seeking condonation of delay on the ground that in the application Date: 2022.09.24 15:07:17 IST

filed Section 17(2) of the Railway Claims Tribunal Act, delay was not explained properly.

I have perused the application under Section 5 of Limitation Act as contained in Annexure P-3.

Though learned counsel for the appellant has placed reliance on judgment of a Coordinate Bench of this High Court in M. Pitamber Vs. Union of India ILR (2013) MP 1107 , but in my humble opinion said decision is not applicable to the facts and circumstances of the case, inasmuch as, after deletion of Section 166(3) of Motor Vehicles Act, delay cannot be condoned for a claim to be filed before Railway Claims Tribunal in as much as provisions

of MVs Act are not paramateria to the provisions contained in Railway Claims Tribunal Act.1987. When there is a specific provision in a specialized Law then, that cannot be substituted on account of a general provision of law as held in the said case.

In view of such facts, decision rendered by a coordinate Bench in the said case being not applicable to the facts and circumstances and there being no satisfactory reason for delay of about five years in filing the claim petition, the appeal fails and is dismissed.

(VIVEK AGARWAL) JUDGE VD

Signature Not Verified SAN

Digitally signed by VARSHA DUBEY Date: 2022.09.24 15:07:17 IST