RAHNUMA & ORS. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 28.04.2025 Judgment delivered on: 07.07.2025 + FAO 246/2024 RAHNUMA & ORS. .....Appellant versus UNION OF INDIA .....Respondent Memo of Appearance For the Petitioner: Mr. Rajan Sood, Ms. Ashima Sood and Ms. Megha Sood, Advocates For the Respondent: Mr. Avnish Singh, SPC with Mr. Kapil Dev Yadav, GP. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN JUDGMENT MANOJ JAIN, J 1. Appellants take exception to the judgment dated 29.04.2024 passed by learned Railway Claims Tribunal, Delhi whereby their claim petition has been dismissed. As per learned Tribunal, the deceased was not passenger of the train with which he had collided. 2. Let me narrate the facts, germane to the present appeal. 3. The unfortunate passenger in question is Mr. Vasim @ Waseem. 4. There is no dispute with the respect to the fact that on 28.06.2022, he boarded Amrapali Express Train (Train No. 15708) from New Delhi to go to Siwan Junction. There is also no dispute with respect to the fact that he was travelling as a bonafide passenger as he was holding a valid ticket issued on 28.06.2022 at 15:39 hours. Signature Not Verified Digitally Signed By:SONIA THAPLIYAL FAO 246/2024 Page 1 of 13 Signing Date:07.07.2025 19:26:31 5. As per the averments made in the claim petition, the abovesaid train reached Khurja Junction and stopped there. According to appellants, since there was no adequate facility of water in the train compartment, Vasim @ Waseem got down from the train to take water. Thereafter, he boarded the same train again i.e. Amrapali Express Train but due to pull and push of the other passengers, he, accidentally, fell down from the moving train and sustained injuries. He was, initially, referred to Khurja Hospital from where he was taken to Aligar