Thu. Apr 22nd, 2021

Sakil & Ors. vs Union Of India (Ministry Of … on 18 May, 2017

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CORAM:
HON’BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

1. This first appeal under Section 23 of the Railway Claims

Tribunal Act, 1987 is filed challenging the judgment of the Railway

Claims Tribunal dated 15.12.2014 which has dismissed the claim

petition filed by the husband and the minor child of the deceased

Reshma who is stated to have died on account of an untoward incident

on 6.2.2013 along with her four month old daughter Anshfa.

2. The facts of the case as pleaded by the appellants were

that the appellants along with the deceased Reshma and the four month

old daughter baby Anshfa, on 6.2.2013 after purchasing two adult train

FAO No. 153/2015 Page 1 of 7
tickets, were travelling by local EMU train from Hazrat Nizamuddin

Railway Station at Delhi to New Town Faridabad Railway Station.

Whereas the husband/appellant no. 1 along with his two children de-

boarded at New Town Faridabad Railway Station, however, it is

pleaded that the deceased Reshma along with her four month old

daughter Anshfa could not de-board the train on account of heavy rush

and they had to travel to the next station at Ballabhgarh. It is further

pleaded that when the train reached Ballabhgarh station the deceased

Reshma died on account of an untoward incident of falling from the

train which had a sudden jerk. The claim petition was hence filed.

Source: Indian Kanoon

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