Chandani vs Union of India - 2023 Supreme(Del) 1249

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1249

MANOJ KUMAR OHRI
Chandani – Appellant
Versus
Union of India – Respondent

Advocates appeared:
Mr.Mudit Chaudhary and Mr.Rohit Nagar, Advocates, for the Appellants.
Ms.Amrita Prakash, CGSC with Mr.Vishal Ashwani Mehta, Advocate, for the UOI.

JUDGMENT

Manoj Kumar Ohri, J. The present appeal has been preferred under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter, referred to as `the Act') on behalf of the appellants/claimants assailing judgment dated 25.07.2018 passed by the Railway Claims Tribunal, Principal Bench, Delhi in Case No.OA/II(u)246/2017 whereby the claim application filed by them was dismissed.

2. Mr. Mudit Chaudhary, learned counsel for the appellants, contended that despite the fact that recovery of journey ticket was mentioned in Panchnama, the same was erroneously disbelieved by the Tribunal. He further contended that the incident is covered under the definition of `untoward incident' and the conclusion of the Tribunal in this regard was also erroneous as the body of the deceased was found near Pilkhua Railway Track.

3. Ms. Amrita Prakash, learned CGSC for the respondent, on the other hand, defended the impugned judgment by submitting that the recovery of the journey ticket was rightly disbelieved, as no journey ticket was recovered initially. It was contended that the alleged incident occurred on account of negligence on the part of the deceased and the claim petition was rightly reje