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by Admin
07 May 2024 2:49 AM
In a significant judgment, the Delhi High Court, led by Hon'ble Mr. Justice Dharmesh Sharma, has overturned the Railway Claims Tribunal's (RCT) decision, awarding compensation to the family of a deceased passenger who died in a railway accident. The judgment, pronounced on January 4, 2024, marks a noteworthy development in the realm of railway accident compensation claims.
The case involved an appeal filed under Section 23 of The Railways Claims Tribunal Act, 1987, by the claimants, the family of the late Sh. Ramavatar. The RCT had initially dismissed the claim petition, citing discrepancies in the location of the deceased’s body and the nature of the injuries. The High Court, however, found this reasoning flawed.
Justice Sharma, in his judgment, emphasized, "Ex-facie, the aforesaid reasons are absolutely flawed and belies common sense and logic." He further stated that the deceased was a bona-fide passenger within the meaning of Section 2(29) of the Railways Act, 1989, and that the nature of injuries sustained indicated he was run over by a train, either immediately after falling or sometime thereafter.
The Court noted, "Having regard to the nature of injuries sustained by the deceased, it is evident that he was run by another passing train either immediately after the fall or sometimes thereafter." This observation was crucial in overturning the RCT's decision.
Decision, the Court awarded a statutory compensation of Rs. 8,00,000/- with an interest rate of 9% per annum from the date of the accident, i.e., December 23, 2018, until its realization. The compensation amount was apportioned among the deceased's wife, children, and mother.
Date of Decision: 04 January 2024
ANITA DEVI & ORS. VS UNION OF INDIA
