RINAVATI & ORS 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: 29 April 2025 + FAO 29/2020 & CM APPL. 2075/2020 SMT. RINAVATI & ORS .....Appellants Through: Mr. Rajan Sood, Ms. Ashima Sood and Ms. Megha Sood, Advs. versus UNION OF INDIA .....Respondent Through: Mr. Jivesh Tiwari, Sr. PC with Ms. Samiksha, Adv. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT 1. The appellants, being the widow and children of deceased Shishu Pal, have preferred this appeal under Section 23 of the Railway Claims Tribunal Act, 1987 [“RCT Act”], thereby seeking quashing of impugned judgment-cum-award dated 07.08.2019 passed by the learned Railways Claims Tribunal, Principal Bench, Delhi [“RCT”] in claim application bearing No. OA(IIu) 176/2018 titled ‘Smt. Rinavati v. Union of India’, whereby their claim seeking compensation on account of death of Shishu Pal in an ‘untoward incident’, was dismissed. FACTUAL BACKGROUND: 2. In a nutshell, it is the case of the appellants that on 14.10.2017 Shishu Pal was traveling from Una Himachal to Amb Andaura and then from Amb Andaura to Chandausi via Delhi, on valid tickets No. Signature Not Verified FAO 29/2020 Digitally Signed By:PRAMOD Page 1 of 5 KUMAR VATS Signing Date:29.04.2025 16:53:52 57944935 and 57944936. It was stated that he firstly travelled from Una to Amb Andaura and thereafter, he might have taken train a from Amb Andaura to Delhi. It was averred that it was Diwali time and they were not clear if the deceased had taken a direct train or had changed trains for coming to Delhi from Ambala. They claimed that while Shishu Pal was travelling by train and the train reached Shakti Nagar near Shalimar Bagh, Delhi, he fell down from the train, resulting in grievous injuries and succumbed to the same on