RAMA DEVI vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 11 March 2025 Judgment pronounced on: 02 April 2025 + FAO 113/2019 RAMA DEVI ..... Appellant Through: Mr. Rajan Sood, Ms. Ashima Sood & Ms. Megha Sood, Advs. versus UNION OF INDIA ..... Respondent Through: Ms. Arunima Dwivedi, CGSC with Ms. Pinky Pawar & Ms. Kritika Shamra, Advs. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT 1. This appeal has been preferred by the appellant under Section 23 of the Railway Claims Tribunal Act, 1987 1, assailing the impugned judgment dated 21.05.2018, passed by learned Presiding officers of the Railway Claims Tribunal, Principal Bench, Delhi2 in the matter ‘Smt. Rama Devi vs. Union of India’ in claim application bearing No. OA (IIu) 180/2017, whereby the claim application filed by the appellant herein was dismissed. FACTUAL BACKGROUND: 2. Briefly stated, the appellant is the mother of the deceased, Shri. Ram Ganga. It is the case of the appellant that on 05.10.2016, the deceased, along with his brother, Shri. Umakant was travelling by from 1 RCT Act 2 RCT Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS FAO 113/2019 Page 1 of 8 Signing Date:03.04.2025 17:39:27 Tilak Bridge to Okhla by an EMU3 train. It is contended that the deceased had purchased railway tickets for both himself and his brother and had kept the same in his pocket. The record further indicates that while the exact name of the train was not clearly mentioned, it is stated that the brothers commenced their journey from Tilak Bridge Railway Station. However, due to overcrowding, they allegedly boarded different compartments of the train. It was claimed that due to overcrowding and lot of pushing and jostling, her son fell out of a running train and sustained grievous injuries, succumbing to t