SMT. KANTA DEVI & ORS vs UNION OF INDIA

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 6th May, 2025 + FAO 295/2014 SMT. KANTA DEVI & ORS .....Appellants Through: Mr. Ravi Sabharwal, Adv. versus UNION OF INDIA .....Respondent Through: Mr. Krishna Kumar Sharma, SPC with Mr. Anil Devlal & Mr. Pradeep Tiwari, Advs. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL) 1. Having heard the learned counsels for the parties and on perusal of the record, this Court proceeds to decide the present appeal under Section 23 of the Railway Act, 1989 [“the Act”] filed by the appellants thereby assailing the impugned judgment-cum-award dated 22.05.2013 passed by the Railway Claims Tribunal, Principal Bench, Delhi [“Tribunal”] whereby the claim for statutory compensation of Rs. 8,00,000/- under Section 16 of the Railway Claims Tribunal Act, 1923 [“RCT Act”] on account of death of Rohtash Sadhu was dismissed. 2. In a nutshell, the appellants, who are widow-wife and children of the deceased claimed that on 19.03.2011 the deceased left home at 8.30 a.m. to attend his duties and while returning home, he purchased a ticket from Sarai Rohilla Railway Sation to reach Gurgaon i.e. his native place and boarded the Delhi-Rewari Passenger Train at 8.25 Signature Not Verified FAO 295/2014 Digitally Signed By:PRAMOD Page 1 of 8 KUMAR VATS Signing Date:07.05.2025 17:59:48 p.m. from platform No. 1. It was claimed that the general compartment was heavily crowded and the deceased could only get a standing space near the gate. It was claimed that there was a sudden jerk while the train was moving and due to the thrust from inside the train compartment, the deceased accidentally fell down out of a moving train and was caught between the train and the platform an died instantaneously. It was further claimed tha