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TMI Blog2016 (9) TMI 1632X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal, the claimants had prayed for condonation of delay putting forth the grounds of illiteracy, poverty and lack of communication between them and their Advocate. It is also the case of the claimants that they did face lot of difficulties in collecting necessary Police papers and getting them translated for the purpose of filing the petition before the Tribunal. All of such grounds are rejected by the Tribunal. The material on record shows that the deceased was a bona fide passenger and valid Railway ticket was found in his pocket at the time of inquest panchnama prepared by the Police machinery. Prima facie material is also there on record showing that the deceased suffered death in an untoward incident. When there is a prima faci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Madan, learned Counsel appearing for the appellants, submits that the deceased was a bona fide passenger and in the personal search immediately carried out after occurrence of the accident, a ticket was found with him. Learned counsel further submitted that the present appellants being not aware of the provisions of law and for lack of appropriate advice, could not file the petition within the stipulated time. It was further contended by the appellants that one of their relatives advised them to contact one lawyer and accordingly papers were handed over to the said lawyer, however, the said lawyer did not prepare the petition and also did not file the same before the Tribunal. It was further contended that after having noticed that the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d a well reasoned order dealing with each of the said point. Learned counsel submitted that the Tribunal has also observed that false statements are made in the application for condonation of delay which are not supported by any necessary particulars. Learned Counsel placed his reliance on the unreported judgment of the Delhi High Court in the case of Brijesh Devi vs. Union of India, decided on 4th November, 2009 and submitted that no interference is required in the impugned judgment and order. 6. After having considered the submissions advanced by the learned Counsel appearing for the respective parties and on perusal of the impugned judgment, I am inclined to allow the appeal for the following reasons. 7. It is not in dispute that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich Police Station they had visited for getting the documents, that who was the Advocate who kept pending file with him for two years, that who was the relative who suggested the name of the said Advocate and that, who was the friend of the claimants who ultimately properly guided the claimants for filing the petition before the appropriate Court, no such inference can be drawn that the claimants have come out with a false justification and that whatever reasons are assigned by the claimants, are false or bogus. The claimants were not going to be benefited because of delay in filing the claim petition. It is, thus, evident that the delay caused was not deliberate, or intentional or for mala fide reasons. This aspect seems to have been comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... toward incident. When there is a prima facie merit in the application or appeal, the Courts or the Tribunals shall not shut the doors of justice only on the technical ground of limitation. Delay in respect of such cases has to be liberally condoned where there is a prima facie merit in the case brought out before the Court or the Tribunal. Substantial justice must be the criteria in disposing of the application under Section 5 of the Limitation Act and liberal view has to be taken so as to advance substantial justice. In view of the above, the impugned judgment and order deserves to be quashed and set aside and it is accordingly set aside. For the reasons stated in the application for condonation of delay and more particularly having ..... X X X X Extracts X X X X X X X X Extracts X X X X
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