SMT. RAKESH vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 27 March 2025 Judgment pronounced on: 17 April 2025 + FAO 40/2021 SMT. RAKESH .....Appellant Through: Mr. Rajan Sood, Ms. Ashima Sood and Ms. Megha Sood, Advs. versus UNION OF INDIA .....Respondent Through: Mr. Akshay Amritanshu, Sr. Panel Counsel with Ms. Drishti Saraf and Ms. Pragya Upadhyay, Advs. CORAM: 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 13.02.2020 passed by the Railway Claims Tribunal, Principal Bench, Delhi [“RCT”] whereby the claim petition of the appellant/claimant, under Section 16 of the RCT Act, seeking compensation for the grievous injuries sustained by her in an alleged untoward incident, was dismissed. 2. Briefly stated, it was the case of the claimant/appellant that Smt. Rakesh was travelling from Rohtak to Vivekanandpuri Halt (Sarai Rohilla) on 02.01.2018 in Ashram Express. The appellant had FAO 40/2021 Page 1 of 9 Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:17.04.2025 16:54:23 purchased a valid journey ticket for Rs. 40/- covering travel for two passengers. She had kept the said ticket in her small purse. 3. Upon arrival of the train at Vivekanandpuri Halt (Sarai Rohilla), the appellant and her son approached the gate of the train compartment in order to deboard. While in the process of alighting from the moving train, the appellant accidentally fell down, resulting in grievous injuries. Owing to the impact of the fall, both of her legs had to be amputated, and she also suffered a fracture in her right hand, along with multiple other injuries over her body. 4. It is stated that during the incide