ASHOK KUMAR SHARMA vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on : 17 March 2025 Judgment pronounced on: 16 April 2025 + FAO 66/2014 SH. ASHOK KUMAR SHARMA .....Appellant Through: Mr. N.K. Gupta, Adv. versus UNION OF INDIA .....Respondent Through: Mr. Sumit Nagpal and Ms. Aastha Sood, Advs. HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT 1. The appellant has preferred this appeal under Section 23 of the Railway Claims Tribunal Act, 1987 [‘RCT Act’] to set aside/quash the impugned order dated 22.10.2013 passed by the Railway Claims Tribunal [‘Tribunal’] whereby the claim petition of the appellant/claimant under Section 16 of the RCT Act seeking compensation, on account of injuries sustained by him in the alleged ‘untoward incident’ involving an express passenger train of the respondent, was dismissed. 2. Briefly stated, it was the case of the claimant/appellant that he purchased one general ticket for his journey from Agra Cantt to Hazrat Nizamuddin in Karnataka Express train bearing No. 12627 on a valid ticket of Rs. 60/- bearing No. 37628226 in the general compartment. It was claimed that the general compartment was overcrowded and as the train approached Tughlakabad Railway Station and was coming to a FAO 66/2014 Page 1 of 6 Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:16.04.2025 19:52:10 halt, there was a sudden jerk and the train moved ahead which resulted in some commotion amongst the passengers, and due to pressure from the crowd, the appellant fell from the moving train, sustaining grievous injuries. 3. Further, it was stated that he was taken to the AIIMS1 Trauma Centre, New Delhi, and later treated at Jai Prakash Narayan Hospital and Safdarjung Hospital, where his left leg was amputated. The appellant alleges that the GRP Police record