MADHUBALA YADAV AND ANOTHER vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 24 April 2025 Judgment pronounced on: 30 April 2025 + FAO 370/2024 & CM APPL. 70016/2024 MADHUBALA YADAV AND ANOTHER .....Appellants Through: Mr. Faiz Imam, Adv. versus UNION OF INDIA .....Respondent Through: Mr. Avnish Singh, SPC with Mr. Kapil Dev Yadav, Adv. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL) 1. The appellants, who are the wife and minor child of the deceased/Lt. Sh. Krishan Kumar, have preferred the present appeal under Section 23 of the Railway Claims Tribunal Act, 1987 (‘RCT Act’) for setting aside the impugned order cum award dated 01.09.2023, passed by the learned Presiding Officer, RCT whereby their claim for compensation on account of death of the deceased/Lt. Sh. Krishan Kumar in a railway accident was declined. 2. In a nutshell, it was the case of the appellants that the deceased was in service of the Border Security Force and after taking leave, he had come to his native place, Alwar, and that on 09.05.2019, he commenced his journey from Harsauli to Howrah Junction via Delhi in order to join his duty. It was claimed that due to heavy rush in the Signature Not Verified FAO 370/2024 Digitally Signed By:PRAMOD Page 1 of 6 KUMAR VATS Signing Date:30.04.2025 16:02:26 train and sudden brakeS applied by the train driver, Krishan Kumar fell down from the train near Harsauli and died at the spot. 3. The respondent/Railways contested the claim petition relying upon the DRM Report exhibit R-1 to the effect that the deceased had died at the crossing of the railway phatak at Harsauli and regarding which, an FIR was lodged at the behest of his uncle Sh. Thabbar Singh. 4. Learned RCT based on the pleadings of the parties framed the following issues: - “1. Whether the Decea