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by Admin
07 May 2024 2:49 AM
In a landmark judgment, the Delhi High Court, led by Justice Dharmesh Sharma, has set a precedent in the case of train accident compensation. The Court has overturned the previous decision by the Railway Claims Tribunal (RCT) and awarded a compensation of Rs. 8 lakhs to Rukmani, the widow of the deceased Moti Chand, who tragically lost his life in a train accident.
The judgment, pronounced on November 17, 2023, comes after a careful consideration of the case, where the appellant’s plea was previously dismissed by the RCT. Justice Sharma, in his ruling, emphasized the importance of credible witness testimony and the analysis of post-mortem reports in such cases. He noted, “The nature of injuries were commensurating from accidental fall from a train,” highlighting the consistency of the injuries with the alleged accident.
The case revolved around the death of Moti Chand, who was involved in a train accident on October 19, 2016. The RCT had initially dismissed the compensation claim on grounds of insufficient evidence proving that Chand was a bona fide passenger. However, the High Court, upon reevaluation of the witness’s testimony and the post-mortem report, found substantial evidence supporting the claim that the deceased was indeed a bona fide passenger and had met with an ‘untoward incident’, as defined under the Railways Act.
Justice Sharma’s ruling further stated, “It is probable that the rail ticket might have fallen out of the pockets probably on account of the impact of jerks due to the momentum of the body on its fall on the rail tracks.” This observation was crucial in understanding the circumstances of the accident and the absence of a ticket on the deceased’s body.
The compensation includees an interest of 9% per annum from the date of the incident until the date of the judgment. Additionally, the RCT has been directed to deposit the compensation amount within four weeks. In case of failure, the appellant is entitled to an interest on the claim amount from the date of this judgment till realization.
Date of Decision: 17 November 2023
RUKMANI VS UNION OF INDIA
