Raj Bala vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
MANOJ KUMAR OHRI
Raj Bala – Appellant
Versus
Union of India – Respondent

Table of Content
1. factual basis of claim due to railway incident (Para 1 , 2)
2. disputes regarding negligence and passenger status (Para 3 , 4)
3. assessment of untoward incident based on evidence (Para 6 , 7 , 10 , 11 , 12)
4. legal interpretation of self-inflicted injuries (Para 9)
5. conclusion and remand for compensation determination (Para 13 , 14)

JUDGMENT

Manoj Kumar Ohri, J. (Oral)

1. By way of the 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 18.08.2020 passed by the Railway Claims Tribunal, Delhi in Case No.OA/II(u)/DLI/13/2019 titled as Smt. Raj Bala & Ors. v. Union of India.

2. The appellants, who are statedly the wife and sons of the deceased/Ram Kumar, had preferred the claim petition under Section 16 of the Act. In the evidence by way of affidavit filed by appellant No.1 before the Tribunal, it was claimed that the deceased was employed as a Trackman and posted at the Old Delhi Railway Station, Northern Railway. He had a privilege pass bearing No.887956 and on 29.05.2018, he, alongwith one Ravi Kumar, undertook a train journey from Sadar B