well as Supreme Court, the entire amount was not paid. According to the appellant, only 50% of the amount with interest need be paid by the Railways as both drivers were found negligent despite the judgment by this court and Apex Court. Learned Judge held that after paying full amount deducting Rs.5,000/= paid by the insurance company, amount in excess of 50% liability can be realised from the owner and driver of the motor vehicle. Death occurred in 1980 and it is unfortunate that Railway in spite of being a public sector undertaking, was contesting the case for a long time, that too, for a paltry amount though the matter is concluded by the judgment of the Supreme Court. Dependents of the deceased were dragged to Apex Court and for getting the amount they had to again file a writ petition. In any event, absolutely no valid reasons are stated by the Railways to condone the long delay of 478 days in filing the appeal. The fact that there was a change of empanelled lawyer before pronouncement of the judgment in the writ petition etc. are not valid and satisfactory grounds for condoning the long delay, that too in a case of this nature. Hence, the delay condonation petition is dismissed. Consequently, the appeal is also dismissed.
