VARUN JINDAL vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 29 April 2025 Judgment pronounced on: 01 May 2025 + FAO 275/2017 VARUN JINDAL .....Appellant Through: Mr. D. Sabharwal & Mr. Shiv Kumar, Advs. versus UNION OF INDIA .....Respondent Through: Ms. Jatinder Kaur, SPC. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGEMENT 1. The appellant/claimant has preferred the present appeal under Section 23 of the Railways Claim Tribunal Act, 1987 (‘RCT Act’) thereby assailing judgment cum award dated 27.03.2017 passed by the learned Presiding Officer, Railway Claims Tribunal (‘RCT’), Principal Bench, Delhi, whereby his claim for compensation for the injury sustained in the railway accident was dismissed. 2. In a nutshell, it was the case of the appellant/claimant that on 27.06.2015, he was travelling in an EMU 1 train from Faridabad to Delhi on a valid MST 2. He claimed that he was standing near the gate of the general compartment which was overcrowded and suddenly there was a heavy jerk due to which, he lost his balance and fell out of 1 Electric Multiple Unit 2 Monthly Season Ticket Signature Not Verified FAO 275/2017 Digitally Signed By:PRAMOD Page 1 of 7 KUMAR VATS Signing Date:03.05.2025 16:46:37 the moving train and sustained grievous injuries that resulted in amputation of his left leg and other bodily injuries, for which he sought compensation from the respondent. 3. The respondent/Railways contested the claim petition primarily on the ground that the injuries were suffered by the claimant due to his own negligence as he was trying to board a super-fast train and lost balance in the process. 4. The learned RCT based on the pleadings of the parties inter alia framed the following issues:- “1) Whether the applicant was a bona fide passenger on the train in question