Union of India vs Kallan Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
MANOJ KUMAR OHRI
Union of India – Appellant
Versus
Kallan Singh – Respondent

Table of Content
1. background of the claim and incident details. (Para 1 , 2)
2. arguments on ticket validity and cause of death. (Para 3 , 4)
3. court's reasoning on passenger status and evidence. (Para 5 , 6 , 7 , 8)
4. conclusion to uphold compensation. (Para 9 , 10 , 11)

JUDGMENT

Manoj Kumar Ohri, J. By way of the present appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter, referred to as `the Act'), the appellant/respondent has challenged the order dated 07.04.2021 passed by the Railway Claims Tribunal, Principal Bench, Delhi whereby the claim petition filed by the respondents/claimants was allowed and they were held entitled to compensation.

2. Brief facts, as available on the record of the case, are that it in the claim petition it was stated that on 23.06.2019, Sh. Akshay Kumar (the deceased/son of the respondents) after purchasing a joint ticket travelled from Ballabhgarh to New Delhi Railway Station in an EMU train. Sh. Akshay Kumar alongwith his friend Hemant Singh @ Sonu boarded an EMU train. It was claimed that the train was over crowded for which reason both were standing near the gate of the compartment. When the train arrived near Mujes