MOHINI DEVI & ORS vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 22 April 2025 Judgment pronounced on: 06 May 2025 + FAO 2/2015 MOHINI DEVI & ORS .....Appellants Through: Mr. Mudit Chaudhary, Adv. versus UNION OF INDIA .....Respondent Through: Mr. Himanshu Pathak & Mr. Amit Singh, Advs. HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT DHARMESH SHARMA, J. 1. The appellants, being the wife, minor children, and mother of the deceased/Sh. Prem Sagar Das, have preferred this appeal under Section 23 of the Railway Claims Tribunal Act, 1987 (‘RCT Act’) assailing the impugned judgment cum award dated 25.09.2014, whereby their claim petition seeking statutory compensation of ₹4 Lacs on account of the death of the deceased in a railway accident has been dismissed. 2. Briefly stated, it was claimed by the appellants/claimants that the deceased was travelling from New Delhi to Patna Junction by an express train on 31.01.2012, when he accidentally fell from the running train at Sachiwalaya Halt and died on the spot. The claim was contested by the respondent/Railways. The learned Presiding Officer, Railway FAO 2/2015 Page 1 of 8 Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:07.05.2025 17:51:22 Claims Tribunal (‘RCT’) framed the following issues: - “(1) Whether the death of the deceased had occurred as a result of an untoward incident, as defined US 123 (c) (2) of the Railways Act, 1989? (2) Whether the deceased was a bonafide passenger of train on the relevant day? (3) Whether the application of Smt. Mohini Devi is maintainable? (4) To what order/relief” 3. Suffice it to state that, issue nos.1 & 2 were contested against the appellants/claimants, holding that the claimants had attempted to fabricate the record by producing the second class ticket (Ex.A-7), an