RAM BABU & ORS vs UNION OF INDIA

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 09th May, 2025 + FAO 127/2017 RAM BABU & ORS .....Appellants Through: Mr. Anshuman Bal, Adv. versus UNION OF INDIA .....Respondent Through: Mr. Atul Krishna, Sr. Panel Counsel. Mr. Krishan, Adv. for Revisionist. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL) 1. Having heard the learned counsels for the parties and upon perusal of the record, this Court proceeds to decide the present appeal preferred by the appellants, being the widower and minor children of the deceased Harbati, filed under Section 23 of the Railways Claims Tribunal Act, 1987 [‘RCT Act’], assailing the judgment-cum-award dated 19.05.2016 passed by the learned Presiding Officer, learned Railway Claims Tribunal [‘RCT’], Delhi, whereby their claim for the statutory amount of compensation of Rs. 4,00,000/- on account of the death of Smt. Harbati, the wife and mother of the appellants, in a Signature Not Verified FAO 127/2017 Digitally Signed By:PRAMOD Page 1 of 8 KUMAR VATS Signing Date:14.05.2025 14:21:24 railway accident on 15.06.2013, was dismissed. 2. In a nutshell, the case of the claimants was that the deceased, Smt. Harbati, was travelling from Ajhai to Banchari Railway Station in an EMU train on 15.06.2013; and that her journey ticket had been purchased by her husband from Ajhai Railway Station. It was claimed that due to heavy rush in the train, when it reached KM No. 1456/23- 25 between Solaka Railway Station and Hodal, Haryana, Smt. Harbati, who was standing near the gate, fell out from the moving train owing to a sudden jerk and the overcrowded conditions, and sustained fatal injuries. It was further stated that the incident was reported to the police and was registered at GRP, Palwal, Haryana, vide DD No. 4