Manharan Sahu vs Union of India - 2023 Supreme(Del) 1229

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1229

MANOJ KUMAR OHRI
Manharan Sahu – Appellant
Versus
Union of India – Respondent

Advocates appeared:
Mr. Siddharth Chauhan, Advocate, for the Appellants.
Mr. Ruchir Mishra, Mr. Mukesh Kumar Tiwari, Ms. Reba Jena Mishra and Mr. Sanjiv Kr. Saxena, Advocates, for the Respondent.

JUDGMENT

Manoj Kumar Ohri, J. By way of present appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter, referred to as the 'Act'), the appellants have assailed judgment dated 21.02.2018 passed by the Railway Claims Tribunal in O.A. (IIu) No.195/2017, whereby the claim application filed by them was dismissed.

2. Learned counsel for the appellants contended that the Tribunal erred in denying the claim of the appellants only on the ground that there was some delay in the recovery of the journey ticket.

3. Learned counsel for the respondent, on the other hand, supported the impugned judgment by submitting that nobody had witnessed the falling of the deceased from any train, as the body was found lying in an injured condition. It was further contended that on the first page of the panchanama, no recovery of the journey ticket was shown.

4. I have heard learned counsels for the parties and also gone through the material placed on record.

5. The facts in brief are that in the claim application, it was claimed that Kelash Sahu @ Nanu (deceased) undertook a train journey on 11.05.2017 from Bilaspur Junction to Hazrat Nizamuddin after purchasing a valid journe