MAMTA KASHYAP & ORS. vs UNION OF INDIA

Judgment text excerpt

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 26th March, 2025 + FAO 160/2022 MAMTA KASHYAP & ORS. .....Appellants Through: Mr. Sanchit Vashistha and Mr. Shobhit Sharma, Advs. versus UNION OF INDIA .....Respondent Through: Mr. Syed Abdul Haseeb, CGSC CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL) 1. The appellants, who are the wife and two children of the deceased Raghuvir @ Ragubir Prasad Kashyap, have preferred the present appeal under Section 23 of the Railways Claims Tribunal Act, 1987 [“Act”], assailing the impugned order dated 24.12.2019 passed by the learned Presiding Officer, Railway Claims Tribunal, Delhi [“RCT”], whereby the claim petition filed by the appellants seeking statutory compensation of Rs. 8 lakhs for the death of Raghuvir in a railway accident was dismissed. 2. In a nutshell, it is the case of the claimants/appellants that on 10.08.2017, the deceased was travelling from Bharatpur to Agra Junction by train No. 12988 (Ajmer-Sealdah Express) on a valid second-class journey ticket, which was lost in the incident. It is claimed that the deceased accidently fell from the running train at Idgah (Agra) Railway Station and succumbed to his injuries. Further, it is stated that the deceased was seen off at while boarding the train at Bharatpur Railway Signature Not Verified FAO 160/2022 Digitally Signed By:PRAMOD Page 1 of 6 KUMAR VATS Signing Date:28.03.2025 16:15:42 Station by his colleague, namely Lukman, who was examined as AW-2. 3. Suffice to state that the respondent contested the claim petition and relying on the DRM enquiry, it was stated that the deceased tried to deboard/alight from a running train No. 12988 on 10.08.2017 at 20:00 hrs. at Idgah (Agra) Railway Station and it was denied that he accidently fe