High Court of Gujarat

KAMABEN TERSING ABHESING BHURIYAversusUNION OF INDIA THROUGH GENERAL MANAGER

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: C DOSHI

Holding

The Court held that the delay may be condoned on humanitarian grounds and the claim should be registered, subject to a waiver of interest for the delayed period.

Summary

The appellants sought Rs.4 lakh compensation before the Railway Claims Tribunal for the death of a family member in a railway accident, but filed the claim after a delay of 5 years, 2 months and 1 day. The High Court examined whether the statutory limitation period could be relaxed in view of the claimant's loss and the humanitarian context. Relying on the Supreme Court’s decision in Inder Singh v. State of Madhya Pradesh, the Court held that a claim should not be dismissed solely on technical limitation grounds if the merits are substantial. Consequently, the Court condoned the delay, ordered the Tribunal to register the claim, and imposed a condition that the claimants waive any interest for the delayed period. The Tribunal was further directed to decide the matter within six months, and the first appeal was allowed.

Issues considered

Whether the five‑year delay in filing the compensation claim can be condoned despite the limitation period.
Whether the Railway Claims Tribunal should be compelled to register the claim despite the delay.
Whether the claimants can be barred from claiming interest on the awarded amount due to the delay.

Subjects

Railway accidentCompensationLimitation periodCondonation of delayRailway Claims TribunalHumanitarian considerations

Judgment

     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.


                                   Page 1 of 2
              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




                                                          Page 2 of 2

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "Railway accident"Sign in to search