Premwati v. Union of India
Case brief
What is this about?
Appeal against Railway Claims Tribunal dismissing a claim for death compensation. High Court upheld dismissal, finding evidence proved deceased was run over by a train while crossing tracks, not an accidental fall.
What did the court decide?
The appeal filed by the claimant is dismissed.
What the court decided
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- % Judgment reserved on: 13th December, 2023 Judgment pronounced on: 30th January, 2024 + FAO 391/2014
PREMWATI ..... Appellant
Through: Mr. Manoj Sharma, Adv. versus UNION OF INDIA ..... Respondent Through: Mrs. Aakanksha Kaul, Mr. Satya Sabharwal and Mr. Aman Sahai, Advs.
CORAM:
HON'BLE MR. JUSTICE DHARMESH SHARMA
J U D G M E N T
- The present appeal is filed by the appellant/claimant in terms of Section 231 of the Railway Claims Tribunal Act, 19872 , assailing the Impugned Order dated 08.01.2014 passed by the Railway Claims Tribunal, Principal Bench, Delhi3 , whereby the claim application No. O.A.(IIu) No. 440/20114 , filed under Section 16 of the RCT Act, was dismissed.
FACTUAL BACKGROUND :
- Briefly stated, it was the case of the appellant/claimant that on
Issues for consideration
3 issues framed by the court
Whether the claimant established that the deceased died due to an untoward incident within the meaning of Section 124-A of the Railways Act, 1989.
Whether the evidence discloses that the deceased was a bona fide passenger who accidentally fell from the train.
Whether the dismissal of the claim petition by the Railway Claims Tribunal is legal, perverse, or based on an incorrect approach.
Parties & counsel
- appellant
PREMWATI
- respondent
UNION OF INDIA
Coram
DHARMESH SHARMA
Case details
As recorded by the court registry
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