Neha vs Union of India - 2023 Supreme(Del) 4445

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4445

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

Advocates appeared:
Mr. Shyam Singh Sisodia, Advocate, for the Appellants.
Mr. Vijay Joshi and Mr. Shubham Chaturvedi, 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, the appellants, who were claimants before the Railway Claim Tribunal, challenged the judgment dated 07.09.2020 whereby their claim application filed was dismissed.

2. Appellants claimed themselves to be wife and minor children of deceased late Sh. Vivek Sharma who statedly died in an untoward incident on 29th/30th January, 2019. It was claimed that on the said date, late Sh. Vivek Sharma undertook a train journey from New Ghaziabad Railway Station to Muradnagar Railway Station by a passenger train after purchasing a valid journey ticket. However, in the accident, his bag alongwith his purse and the journey ticket were lost which could not be recovered. While dismissing the claim application, the Tribunal arrived at the conclusion that in absence of recovery of any journey ticket, the deceased could not be held to be a bona fide passenger and a victim of an untoward incident especially because his body was discovered after a considerable gap.

3. Learned counsel for the appellants while assailing the aforementioned observations in the impugned order contended that

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