HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.982 of 2008 Date: 22.09.2011 Between: Smt. Bhukya Mangamma … Appellant and Union of India, Rep.by its General Manager, South Central Railway, Secunderabad. … Respondent THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.982 of 2008 JUDGMENT : This Civil Miscellaneous Appeal is directed against the order, dated 29.6.2001, in I.A.No.38 of 2000 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad, (for short, ‘the Tribunal’), whereunder and whereby, the application filed by the applicant under Section 17 (2) of the Railways Claims Tribunal Act, 1987 (for brevity “the Act”) to condone the delay of 1032 days in preferring the application claiming compensation consequent on the death of her son in an untoward incident of accidental fall from a train, was dismissed. 2. Heard learned counsel appearing for the appellant/applicant and the learned Standing Counsel appearing for the respondent-Railways. 3. Under Section 17 (1) of the Act, an application for claiming damages consequent on the death of a person in an untoward incident of accidental fall from the train has to be filed within one year from the date of the incident. Under Section 17 (2) of the Act, if sufficient cause is shown in not filing the original application within one year, then it can be condoned. 4. Admittedly, the appellant/applicant is an illiterate woman and she could not file the original application within the period prescribed under law. The reason given by the appellant/applicant is that she was not aware of filing of an application within one year from the date of the incident. She is residing in a remote village in a Thanda and she may not be in a position to know that the application has to be filed within the period of limitation. Further, the appellant/applicant has no male assistance and that her son died in an untoward incident. Therefore, an opportunity can be given to the appellant/applicant to adduce necessary evidence on this aspect. As the appellant/applicant being an illiterate and has no other male assistance, the delay can be condoned. 5. Accordingly, the Civil Miscellaneous Appeal is allowed, setting aside the impugned order and consequently, the delay is condoned. The appellant/applicant is given liberty to adduce necessary evidence before the Tribunal. In view of the fact that the matter is pending for a ling time and that there are some lapses on the part of the appellant/applicant in not coming to the Court within a reasonable time, if the Tribunal finds that the appellant/applicant is entitled for compensation consequent upon the death of her son, it shall not grant interest during the pendency of the original application. However, the Tribunal may grant interest on the award amount, if any, from the date of award till realisation. No order as to costs. ______________________ JUSTICE K.C. BHANU 22.09.2011. Msr THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.982 of 2008 22.09.2011 (Msr)