MITHLESH & ORS. vs UNION OF INDIA

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 26th March, 2025 + FAO 164/2022 & CM APPL. 27119/2022 MITHLESH & 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 wife and five children of the deceased Guman Singh Gujar, aged about 70 years, have preferred the present appeal under Section 23 of the Railways Claims Tribunal Act, 1989, [“Act”], seeking quashing of the judgment/ order dated 13.11.2019 passed by the learned Presiding Officer, Railway Claims Tribunal, Delhi [“RCT”], whereby the claim petition filed by the appellants seeking statutory compensation on account of death of Guman Singh Gujar, was dismissed. 2. In a nutshell, it is the case of the claimants/appellants that the deceased Guman Singh Gujar was working as a labourer at Coimbatore and, on 22.07.2015, was travelling from Coimbatore to Mathura on a valid journey ticket bearing No. 164471406 valid from Coimbatore to Mathura. It is claimed that as the train approached Mathura Junction Railway Station, the deceased, who was standing in the gallery of the compartment Signature Not Verified FAO 164/2022 Digitally Signed By:PRAMOD Page 1 of 5 KUMAR VATS Signing Date:28.03.2025 16:21:24 near the gate, fell due to a sudden violent jerk and over- crowding in the train compartment, sustaining grievous injuries that ultimately led to his death. 3. The respondent contested the claim petition and in his written statement relied upon the DRM report and denied that it was the case of ‘untoward incident’ within the meaning of Section 124(A) of the Railways Act, 1989. It was also submitted that no rail