BIR SINGH & ANR vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on : 24 March 2025 Judgment pronounced on: 27 March 2025 + FAO 99/2018 BIR SINGH & ANR .....Appellants Through: Mr. Rajan Sood, Ms. Ashima Sood and Ms. Megha Sood, Advs. versus UNION OF INDIA .....Respondent Through: Mr. Mohit Sharma, SPC. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT 1. The appellants, who are the father and the sister of the deceased/Deepak, have preferred the present appeal under Section 23 of the Railway Claims Tribunal Act, 1987 [‘RCT Act’], thereby assailing the impugned judgment dated 23.02.2017 passed by the learned Presiding Officer, Railway Claims Tribunal, Principal Bench, Delhi [‘RCT’], whereby their claim for compensation for death of the deceased/Deepak in a railway accident was dismissed. 2. Briefly stated, it is the case of the appellants/claimants that the deceased/Deepak, in the intervening night of 03rd and 04th October 2014, boarded a train at New Town Faridabad Railway Station for Okhla Railway Station to go to Kalkaji Temple and attend the morning prayer with his friend Sh. Ashish Rawat. It was claimed that there was a huge rush inside the train compartment and as a result of a Signature Not Verified FAO 99/2018 Digitally Signed By:PRAMOD Page 1 of 5 KUMAR VATS Signing Date:27.03.2025 15:07:13 sudden and heavy jolt and jerk besides lot of pushing around by the passengers, the deceased/Deepak fell down from the moving/running train near Tughlakabad Railway Station, sustaining grievous injuries and eventually, succumbing to the same. It was stated that he bought the railway ticket, but it was lost in transit within the railway premises. 3. The respondent contested the claim petition and came out with the defense that the deceased/Deepak, as per the DRM’s Report, died