Sabila Begum vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
MANOJ KUMAR OHRI
Sabila Begum – Appellant
Versus
Union of India – Respondent

Table of Content
1. factual background of the claim. (Para 1 , 5 , 6)
2. arguments regarding the cause of death. (Para 2 , 3)
3. court's reasoning and application of law. (Para 4 , 7 , 9)
4. explanation of strict liability in railway accidents. (Para 8)
5. final ruling and direction. (Para 10 , 11 , 12)

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 appellants/claimants have challenged the order dated 27.09.2013 passed by the Railway Claims Tribunal, Principal Bench, Delhi whereby the claim petition filed by them was dismissed.

2. Learned counsel for the appellants has contended that the Tribunal while passing the impugned order failed to appreciate that a valid journey ticket was recovered in the Jamatalashi from the person of Wazid Khan (the deceased), whose body was found lying on the railway track.

3. Learned counsel for the respondent, on the other hand, has supported the impugned order by submitting that the Tribunal rightly concluded that the injuries suffered by the deceased were `self-inflicted' as the accident had took place when the deceased tried to de-

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