KAMTU ANURAGI & ANR vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 19 May 2025 Judgment pronounced on: 30 May 2025 + FAO 207/2019 & CM APPL. 22787/2019 SH. KAMTU ANURAGI & ANR. .....Appellant Through: Ms. Vrinda Kapoor, Mr. Sarvam Ritham Khare & Mr. Vishal Vaid, Advs. versus UNION OF INDIA .....Respondent Through: Mr. Balendu Shekhar, CGSC with Mr. Raj Kumar Maurya and Mr. Krishna Chaitanya, Advs. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT 1. The appellants have preferred this appeal under Section 23 of the Railway Claims Tribunal Act, 1987 [“RCT Act”] read with Section 151 of the Code of Civil Procedure, 1908 to set aside/quash the impugned order dated 16.07.2018 passed by the Railway Claims Tribunal, Principal Bench, Delhi [“RCT”] whereby their claim for statutory compensation on account of death of their son/Lakhan Anuragi was dismissed. 2. Briefly stated, it was the case of the appellants/claimants that their deceased son, Lakhan Anuragi was travelling along with his sister and nephew from Mahoba to Hazrat Nizamuddin on 03.10.2017 in FAO 207/2019 Page 1 of 12 Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:30.05.2025 17:09:51 Jabalpur- Nizamuddin Mahakaushal Express Train No. 12189 with valid journey tickets bearing No. 11733141, 11733142, 11733143. On 04.10.2017, and when the train reached the Bhandai Railway Station, near Agra, the deceased accidently fell down from the train and received grievous injuries all over his body. 3. Further, it is stated that at the time of incident, the sister of the deceased was not aware about the incident and in the meanwhile, one Anwar Khan had reported to the Control of Agra Cantt. that an injured person, who was still alive, was found between Up and Down Main Lines between Bhandai and Agra Cantt