NEW DELHI: The Delhi High Court on Wednesday directed the Railway Claims Tribunal to release compensation of a man slipped and fell to death from a running train, whose kin’s claim was earlier denied by the tribunal citing the victim was not a ‘bonafide traveller’ as the train ticket was not recovered from his body.
“The opinion of this Court is fortified by the fact that the respondent has not disputed the factum of death or that the deceased had died in the hospital on the very same day of the fateful incident. Accordingly, based on the foregoing discussion, the present appeal is allowed and the impugned order dated 19.11.2019 is set aside,” Justice Manoj Kumar Ohri said in an order.
The court took note of an affidavit submitted by the man’s claimants, in which it said that the deceased had undertaken the journey with one Mushir after purchasing a valid joint journey ticket. In the proceedings before the Tribunal, Mushir appeared and corroborated that the said journey was undertaken by him along with the deceased.
The incident occurred on account of a sudden jerk and push by the other passengers. He categorically stated that the journey ticket was kept by the deceased, it was stated in the order. The order added that consequently, the matter is remanded back to the Tribunal for awarding the amount of compensation in terms of the Act.
“The matter shall be listed at the first instance before the Tribunal on 01.02.2023. Let the compensation amount be released to the appellants/claimants within four weeks thereafter,” the order read.