Back
DELHI HIGH COURT
SUNIL GAUR
Sarla – Appellant
Versus
Union of India – Respondent
1. The Railway Tribunal vide impugned order of 19th November, 2015 has dismissed appellants' claim petition by holding that the death of deceased was not on account of any accidental fall from the train and would not be covered within the meaning of Section 123(c) read with Section 124-A of the Railways Act, 1989 as the train had already started moving after its scheduled stoppage, when the deceased ran after moving train and had a fatal fall in the process.
2. Impugned order holds that the case of appellants comes within the Proviso (b) to Section 124-A of the Railways Act, 1989 to deny compensation to appellants, who are the legal heirs of the deceased. Learned Tribunal has relied upon two decisions of this Court in Jamirul Nisha and Anr. v. Union of India, 2009 ACJ 1393 and in Bimla Devi & Anr. v. Union of India, 2014 SCC Online Del 102 to hold that fall from an overcrowded compartment of a train would not come within the definition of accidental fall from the train as the death of the passenger in the said case was not result of any untoward accident.
3. The manner in which the accident in question took place is spelt out in opening paragraphs of impugned
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
