IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 MFA.No. 79 of 2005() -------------------- AGAINST THE ORDER DATED 28/03/2005 IN IA.82/03 IN DNO..220/2003 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANTS/APPLICANTS: ----------- 1. M.A.BASHEER, S/O. ABDUL SALAM, KANNIMANGALAM, PANAMUKKU P.O., NEDUMPUZHA, THRISSUR-680 027. 2. AYSHUMMA, W/O. M.A. BASHEER, KANNIMANGALAM, PANAMUKKU P.O., NEDUMPUZHA, THRISSUR-680 027. BY ADV. SRI.A.K.MADHAVAN UNNI RESPONDENT/RESPONDENT: ------------- UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, SOUTHERN RAILWAY HEAD QUARTERS, CHENNAI-600 003. BY ADV. SRI.SUBAL J.PAUL, SC, RAILWAYS THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.79 OF 2005 (E) ------------------------------------- Dated 5th February, 2008 J U D G M E N T Koshy,J . Unfortunate parents lost their son due to fatal injuries sustained in a railway accident due to fall from a running train on 14.4.2001. Appellants approached the Railway Claims Tribunal, Ernakulam claiming compensation. There was delay in filing the application. Therefore, along with the application delay condonation petition was also filed. The above delay condonation petition was dismissed for default of the applicants. We are of the view that it is a fit case where tribunal ought have granted one more opportunity and tribunal should decide the matter after considering whether sufficient grounds are available or not for condoning the delay. A compassionate attitude should be taken in that social security welfare legislation unless delay is willful. In MFA.79/2005 2 the above circumstances, impugned order is set aside. Here, Railway Claims Tribunal, Ernakulam is directed to hear the parties and dispose of I.A. (delay condonation petition) according to law as expeditiously as possible. Parties may appear before the tribunal on 17.3.2008. Registry to send back the records forthwith. Appeal allowed by way of remand. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp