SMT SAROJ & ORS. 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: 16 April 2025 + FAO 38/2022 SMT SAROJ & ORS. .....Appellants Through: Mr. Rajan Sood, Ms. Ashima Sood and Ms. Megha Sood, Advs. versus UNION OF INDIA .....Respondent Through: Mr. Raj Kumar Yadav, SPC with Mr. Vaibhav Bhardwaj and Ms. Tripti Sinha, Advs. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT DHARMESH SHARMA, J. 1. This appeal is preferred by the appellants viz., the wife and two children and the parents of the deceased Sukhbir Singh under Section 23 of the Railway Claims Tribunal Act, 1987 [“RCT Act”], seeking setting aside/quashing of the impugned award dated 21.09.2020 passed by the learned Presiding Officer, Principal Bench, Delhi [“Tribunal”] in case bearing No. OA(IIU) No. 253/2019, whereby their claim for compensation on account of death of Sukhbir Singh was dismissed. FACTUAL MATRIX: 2. Briefly stated, the appellants filed an application under Section 16 of the RCT Act stating that Sukbhir Singh was employed in the FAO 38/2022 Page 1 of 8 Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:16.04.2025 19:52:10 Indian Army and on 07.02.2018 he was given a ‘Movement Order’ to travel to Panipat and Jhajjar for collection of stores; and that he purchased a railway ticket and travelled from Delhi Cantt to Rewari; that on 08.02.2018 he purchased another ticket from Rewari to Mahendargarh and boarded train number 74845 at about 7.30 a.m. from Rewari. 3. It was claimed that Sukhbir Singh fell down from the train at Mahendergarh Railway Station and died at the spot. It was also averred that deceased had a handbag in which, ATM 1, driving license, movement order etc. were found lying by Mr. Om Praksh, Trackman near the dead body of the d