UDCPR | Municipal Authorities Empowered To Grant Relaxation For Recreational Open Spaces In Redevelopment Projects: Bombay High Court Appellate Court Can Enhance Compensation Under Motor Vehicles Act Even Without Cross-Appeal By Claimants: Allahabad High Court State Instrumentalities Cannot Supplement Reasons For Withholding Public Money Via Affidavits Years Later: Calcutta High Court Immoral Traffic (Prevention) Act | Victim's Status As 'Illegal Immigrant' Does Not Dilute Offence Or Shield Perpetrator: Bombay High Court Clubbing Of Criminal Trials | No Basis To Direct Consolidation If Connected Proceedings Have Already Concluded: Delhi High Court IBC ‘Clean Slate’ Principle Cannot Extinguish Pre-existing Crystallized Liability Under Labour Awards: Bombay High Court Section 406 IPC | 'Donation' Does Not Constitute 'Entrustment'; Criminal Prosecution Quashed In Absence Of Aggrieved Victim: Delhi High Court Failure To Deliver Possession Of Plot Constitutes "Continuous Wrong" Giving Rise To Recurrent Cause Of Action Under Consumer Protection Act: Delhi State Commission High Court Cannot Entertain Writ Petition Under Article 226 When Statutory Appellate Remedy Under Section 107 CGST Act Is Available: Gujarat High Court Appointment Of Temple Servants Is The Exclusive Prerogative Of The Hereditary Trustee: Kerala High Court Stay Of Suit Proceedings Under CPC Does Not Automatically Bar Adjudication Of Pending Temporary Injunction Application: Rajasthan High Court Section 136A MV Act | Supreme Court Directs States To Impound Vehicles With Unpaid E-Challans And Mandates Electronic Enforcement Compliance Section 115 CPC | Executing Court Cannot Dismiss Execution Petition On Hyper-Technical Grounds Regarding LRs Of Judgment Debtor: Himachal Pradesh High Court Succession Act | Will Not Validly Executed If Attesting Witness Admits Signing Without Witnessing Testator’s Signature: Madras High Court High Court Cannot Interfere Under Article 227 To Correct Errors Of Fact Or Act As An Appellate Court: Madhya Pradesh High Court Advocates Act 1961 | Bar Council Has No Power To Suspend Advocate Pending Disciplinary Enquiry: Allahabad High Court Identification Of Accused By Police Personnel In Pitch Darkness Without Prior Acquaintance Is Unreliable: Himachal Pradesh High Court Body Shaming Or Insulting Physical Appearance Does Not Per Se Constitute Offence Under Section 509 IPC: Karnataka High Court Drishyam 3 | Interim Injunction To Restrain Film Release Cannot Be Granted Without Establishing Clear Subsisting Legal Right: Madras High Court Town Planning Scheme | Statutory Notice To Occupiers Under Rule 12(2)(a) Punjab Municipal Rules Is Mandatory And Independent Of Notice To Owner: Punjab & Haryana High Court

No Evidence of Deceased Being a Bonafide Passenger: Delhi High Court Dismisses Appeal for Compensation in Railway Accident Case

07 May 2024 8:19 AM

By: Admin


In a significant judgment, the High Court of Delhi dismissed an appeal against the decision of the Railway Claims Tribunal, which had previously rejected a compensation claim under the Railway Claims Tribunal Act. The appellants, Suresh Kumar Sharma & Anr., had approached the High Court challenging the Tribunal's order that denied compensation for the death of Nishant Sharma, who allegedly died due to an accidental fall from a train.

Justice Dharmesh Sharma, presiding over the case, meticulously analyzed the evidence and testimonies presented. The judgment, pronounced on January 25, 2024, emphasized, "In the absence of any supporting evidence, the self-serving statement of the applicant regarding the deceased having a journey ticket and being a bonafide passenger on board the 2MNR train cannot be accepted." This observation was pivotal in determining the outcome of the appeal.

The case revolved around the incident that occurred on January 1, 2011, where the deceased was alleged to have fallen from a train due to overcrowding and was subsequently crushed by another train. The appellants sought a compensation of Rs. 4,00,000 from the respondent railways.

However, the court noted inconsistencies in the appellants' claims, especially regarding the deceased's status as a bonafide passenger. The court remarked, "The Jamatalashi of the deceased, which was taken soon after the accident, shows that his bag containing books and mobile phone were recovered from the site and there was no recovery of any journey ticket."

Further, the court observed, "The evidence on record does not show that the death of the deceased was due to any accidental fall from a train. On the contrary, his death was due to getting hit by the engine of the train while he was walking along the track." This observation was critical in upholding the Tribunal's decision.

The appellants had placed reliance on the testimony of AW-2 Sh. Shailesh Chaubey, who claimed to be an eyewitness. However, the court found his evidence unconvincing, noting the absence of his mention in crucial documents, including the death report and the post-mortem report.

In conclusion, the court dismissed the appeal, underscoring the lack of evidence to substantiate the claims of the appellants. This judgment serves as a reminder of the stringent standards of proof required in such compensation claims and the necessity for claimants to establish their case with credible evidence.

Date of Decision: 25 January 2024

SURESH KUMAR SHARMA & ANR  VS UNION OF INDIA THR GM

Latest Legal News