SATYA NARAYAN PRASAD vs UNION OF INDIA

Judgment text excerpt

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 17th March, 2025 + FAO 43/2022 SATYA NARAYAN PRASAD .....Appellant Through: Mr. Rajan Sood, Ms. Ashima Sood and Ms. Megha Sood, Advs. versus UNION OF INDIA .....Respondent Through: Mr. Rajesh Kumar, SPC with Mr. Rahul Kumar Sharma, Advs. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL) 1. The Appellant is preferring the instant appeal under Section 23 of the Railway Claims Tribunal Act, 1987 1 for setting aside/quashing of the impugned judgment dated 20.12.2019, passed by the Railway Claims Tribunal, Principal Bench, Delhi in Case No. OA (IIU) No. GZB/278/2017 (hereinafter referred to as ‘Tribunal’), whereby an application for compensation under Section 16 of the RCT Act, seeking compensation for death of his wife Smt. Usha Devi, aged about 32 years, was dismissed. 2. Having heard the learned counsels for the parties and upon perusal of the record, this Court unhesitating the finds that there are no 1 RCT Signature Not Verified FAO 43/2022 Digitally Signed By:PRAMOD Page 1 of 5 KUMAR VATS Signing Date:18.03.2025 20:19:39 grounds to interfere with the impugned judgment passed by the learned RCT. 3. Briefly stated, the case of the Appellant/Claimant is that he was travelling with his wife on 23.05.2017 from Ambala Cantt. to Chapra by the Janseva Express Train, having purchased a composite railway ticket for both of them. It is claimed that the train was overcrowded, and as his wife began feeling unwell and started vomiting, she sat near the gate/door of the bogie. It is further alleged that when the train crossed Raisi Station at around 06:30 PM, his wife suddenly fell out of the train. After the train had travelled some distance, he pulled the emergency break/chain and began searching