RAMESH CHAND & ANR. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 28 April 2025 Judgment pronounced on: 15 May 2025 + FAO 50/2022 RAMESH CHAND & ANR .....Appellants Through: Ms. Vijay Laxmi, Adv versus UNION OF INDIA THROUGH THE GENERAL MANAGER .....Respondent Through: Mr. Ghanshyam Mishra, Adv. HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT 1. The appellants, who are father and mother of the deceased/Sh. Kanahiya who died in a rail accident, have preferred this appeal under Section 23 of the Railway Claims Tribunal Act, 1987 1 to set aside/quash the impugned order dated 04.02.2021 passed by the Railway Claims Tribunal, Principal Bench, Delhi 2 whereby the claim petition of the appellants/claimants, filed under Section 16 of the RCT Act, seeking compensation for the death of their son/Sh. Kanahiya in an alleged untoward incident was dismissed. 2. Briefly stated, it was the case of the claimants/appellants that Sh. 1 RCT Act 2 RCT FAO 50/2022 Page 1 of 8 Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:15.05.2025 20:35:13 Kanahiya3 had gone to visit his relatives and was travelling back from Tilak Bridge station to Ballabgarh Railway station on 16.01.2018 when he accidentally fell from the train between Tuglakabad and Faridabad Station on 17.01.2018 and died as a result of this fall. It was alleged that the uncle of the deceased Sh. Jagbir had purchased the ticket of the deceased and put him in the train at Tilak Bridge Station. It was alleged by the claimants/appellants that the ticket was lost in the incident. 3. In support of their claim, the appellants filed several documents including Police and Post-Mortem reports, and the appellant/Sh. Ramesh Chand also filed an affidavit alleging that he came to know about the death of his son on 19.01.2018