UMESH PRASAD & ANR vs UNION OF INDIA

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 176/2017 & CM APPL. 32654/2024 Date of decision: 13th May, 2025 UMESH PRASAD & ANR .....Appellants Through: Mr. Sunil Kumar Verma, Adv. versus UNION OF INDIA .....Respondent Through: Ms. Babita Saini, SPC with Mr. Vedansh Anand, GP and Mr. Kapil Dev Yadav, Adv. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA ORDER % 13.05.2025 DHARMESH SHARMA, J. (ORAL) 1. The appellants, being the parents of the deceased/Sh. Krishna Raj, who allegedly died in the train accident on 04.12.2013, have preferred the present appeal under Section 23 of the Railway Claims Tribunal Act, 1987 (‘RCT Act’) thereby challenging the impugned judgment cum award dated 25.11.2016 passed by the learned Presiding Officer, Railway Claims Tribunal (‘RCT’) dismissing the claim for statutory compensation under Section 16 of the RCT Act. 2. Having heard the learned counsel for the parties and on perusal of the record, this Court has no hesitation in holding that the present appeal is benefit of any merit. 3. Briefly stated, it was the case of the claimants that their son Sh. Krishna Raj was travelling in Sampoorn Kranti Train bearing No.12393 from Rajender Nagar to New Delhi on the strength of a railway/journey ticket no.89178177 UTS No.FO 3 FB4T188 and when at about 10.15 a.m., he reached Akshardham Flyover, he fell Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS Signing Date:14.05.2025 17:27:39 down from the running train and suffered fatal injuries. 4. Hence, they sought compensation, which claim was contested by the respondent/Railways relying on the DRM’s report to the fact that no valid railway ticket was recovered from the body of the deceased and a defence was raised to the effect that the deceased was unlawfully crossing the railway line and