SACHIN DAHIYA & ANR vs UNION OF INDIA

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 14th May, 2025 + FAO 56/2015 SACHIN DAHIYA & ANR .....Appellants Through: Mr. Anshuman Bal, Adv. versus UNION OF INDIA .....Respondent Through: CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA ORDER % 14.05.2025 DHARMESH SHARMA, J. (ORAL) 1. Having heard the learned counsel for the parties and upon perusal of the record, this Court proceeds to decide the present appeal under Section 23 of the Railway Claim Tribunal Act, 1987 (‘RCT Act’), challenging the judgment-cum-award dated 15.10.2014 passed by the learned Railway Claims Tribunal (‘RCT’), whereby the claim petition of the appellants/claimants seeking statutory compensation on account of death of their father in the railway accident, filed under Section 16 of the RCT Act, was dismissed. 2. Briefly stated, it was the case of the appellants that their father was travelling from Delhi to Sonipat in train No.1NKM on 11.03.2011, and when the train reached km.no.14/6-8 between Harsana Kalan and Sonipat, the deceased due to the heavy rush and sudden jerk fell from the running train and succumbed to his injuries on the spot. The matter was reported to GRP, Sonipat, Haryana vide Signature Not Verified FAO 56/2015 Digitally Signed By:PRAMOD KUMAR VATS Page 1 of 6 Signing Date:15.05.2025 20:35:13 DD No.14 dated 11.03.2011. It was stated the railway/journey ticket was lost at the time of accident. 3. The claim was contested by the respondent/Northern Railways on the ground that the deceased was not a bonafide passenger on board the train in question and that the death of the deceased did not occur as a result of any untoward incident. The RCT, based on the pleadings of the parties, framed the following issues”- “1) Whether the deceased Sh. Satpal @Satyapal S/o Sh. Bhim Si