Islam Khan (Since Died) Through Legal Heirs vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 146

MANOJ KUMAR OHRI
Islam Khan (Since Died) Through Legal Heirs – Appellant
Versus
Union of India – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Shyam Singh Sisodia, Advocate
For the Respondent: Mr. Anshuman, Sr. Panel Counsel

JUDGMENT :

MANOJ KUMAR OHRI, J.

1. By way of present appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter, referred to as ‘the Act’), the appellants/claimants have assailed the order dated 19.11.2019 passed by the Railway Claims Tribunal, Principal Bench, Delhi whereby the claim application filed on their behalf was dismissed.

2. Learned counsel for the appellants contended that merely because the journey ticket was not recovered, the Tribunal erred in arriving at a conclusion that the deceased was not a bona fide passenger and held the incident not to be an ‘untoward incident’ as defined under Section 123(c) of the Railways Act, 1989.

3. The impugned order is supported by the respondent. Learned counsel appearing for the respondent submitted that not only the journey ticket was not recovered from the deceased but also even as per the statement of the guard of the train, the deceased had fallen from the train while attempting to board the running train. It was contended that the injuries sustained by the deceased were ‘self-inflicted injuries’ and fall under the proviso to Section 124A of the Railways Act, 1989.

4. I have heard learned counsels for the par

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