MANJU & ORS. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 19 March 2025 Judgment pronounced on: 25 March 2025 + FAO 21/2023 MANJU & ORS. .....Appellants Through: Mr. Rajan Sood, Ms. Ashima Sood and Ms. Megha Sood, Advs. versus UNION OF INDIA .....Respondent Through: Mr. Anshuman, SPC with Mr. Piyush Ahluwalia and Mrs. Akanksha Tagra, Advs. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT DHARMESH SHARMA, J. 1. The appellants, who are a widow, two children and the mother of the deceased, Late Sh. Vivek Choudhary, have preferred this appeal under Section 23 of the Railway Claims Tribunal Act, 1987 [‘RCT Act’] to set aside/quash the impugned order dated 26.08.2022 passed by the Railway Claims Tribunal [‘RCT’] whereby the claim petition of the appellants/claimants under Section 16 of the RCT Act seeking compensation, on account of death of Lt. Sh. Vivek Choudhary in an ‘untoward incident’ involving the passenger train of the respondent, was dismissed. 2. Briefly stated, it was the case of the claimants/appellants that the deceased was travelling from Meerut City to Muzaffarnagar Railway FAO 21/2023 Page 1 of 5 Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:25.03.2025 16:25:26 Station on 20.01.2019 by passenger train No.64557 when he accidentally fell from the running train at Meerut City Railway Station and died due to injuries sustained in the accident. It was however stated that his ticket was lost due to the incident. 3. Upon service of notice, Railways filed written statement and denied that the deceased fell from train No.64557 and it was rather stated that the deceased jumped in front of the running train and resultantly got injured and eventually died on the way to the hospital. 4. Based on the pleadings, learned RCT framed the f