C/FA/534/2009 ORDER DATED: 29/07/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 534 of 2009 ========================================================== KAMABEN TERSING ABHESING BHURIYA & ORS. Versus UNION OF INDIA THROUGH GENERAL MANAGER ========================================================== Appearance: MR MA KHARADI(1032) for the Appellants MRS KRISHNA G RAWAL(1315) for the Respondent ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 29/07/2026 ORDER 1. Heard learned advocates for the respective parties. 2. It is a case whereby before the Railway Claims Tribunal, the claimant claimed the compensation for Rs.4 Lacs for the death of the deceased in an untoward accident, which took place in the Railway. 3. There was a gross delay of 5 years 02 months and 01 day in filing the claim petition. 4. Hearing learned advocates for both the sides and considering the fact that the person has lost his life in a tragic railway accident and his widow is claiming the compensation, I am of the opinion that the learned Tribunal should have taken the sensitive and pragmatic approach to condone the delay, maybe with some condition, but throwing the claimants out of the Tribunal would disentitle them to claim any compensation. C/FA/534/2009 ORDER DATED: 29/07/2026 5. This Court takes the assistance from the judgment of the Supreme Court in the case of Inder Singh v. The State Of Madhya Pradesh, reported in 2025 LiveLaw (SC) 339, where the Supreme Court held that, “although a delay cannot be condoned without sufficient cause, the case's merit cannot be discarded solely on the technical grounds of limitation.” 6. In view of above, this Court condones the delay and directs the learned Tribunal to register the claim petition with the condition that one of the claimants shall file an affidavit before the learned Tribunal that they will not claim the interest upon the claim amount, if awarded, for the delayed period. 7. The learned Railway Tribunal is further directed to decide the matter as early as possible, preferably within 06 months from the date of receipt of this order. 8. With present observation and direction, present First Appeal stands allowed to the aforesaid extent. 9. Registry is directed to return back the R & P, if any, to the concerned Court forthwith. (J. C. DOSHI,J) SHEKHAR P. BARVE Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 29/07/2026 15:12:44