LALJI VERMA AND ANOTHER v. UNION OF INDIA THRU. GENERAL MANAGER NARTHERN RAILWAY BARODA HOUSE NEW DELHI
FAFO/78/2025 · 2025-02-18
Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124184 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124184 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:10412 Court No. - 4 Case :- FIRST APPEAL FROM ORDER No. - 78 of 2025 Appellant :- Lalji Verma And Another Respondent :- Union Of India Thru. General Manager Narthern Railway Baroda House New Delhi Counsel for Appellant :- Manish Kumar Srivastava,Chandra Prakash Singh,Saroj Kumari Hon'ble Rajnish Kumar,J. Heard, Shri Manish Kumar Srivastava, learned counsel for the appellants.
Learned counsel for the appellants submits that the respondents have admitted in their statutory report that the deceased himself has died in an accident with the train. The Police has also intimated its opinion that he might have died in an accident, but without considering the same and recording perverse finding the claim petition filed by the claimant-appellants has been dismissed. Having considered the submissions of learned counsel for the appellants, I have perused the documents placed on record of this appeal. The claim petition was filed alleging therein that the father of the claimant-appellants had died in an untoward accident by rail on 03.06.2017 while he was travelling from Shahganj Railway Station to Lucknow Railway Station. The learned Tribunal has recorded a finding on the basis of pleadings and material on record that the body of the deceased was found near the Old Water Tank, which is 100 meters away from the Railway Track and the body cannot travel 100 meters if the deceased would have died in an untoward accident by train and no explanation to it has been given. The claimant- appellants have also admitted in their evidence that the place of
incident is 1 km. away from the railway track. No Railway ticket has also been found from the body of the deceased, whereas the documents, such as Adhar Card and Diary showing his identity have been found, on the basis of which the information was given to the family members, therefore, it cannot be said that the ticket must have lost in accident. As such it could not be proved that he was a bonafide passenger. In view of above this court does not find any illegality or error in the impugned judgment and order dated 24.01.2025, passed in Case No.OA/II/U/292/2020 by the Railway Claims Tribunal, Lucknow Bench, Lucknow, which may call for any interference by this court. The appeal has been filed on misconceived and baseless grounds. The appeal is, accordingly, dismissed. . . .......................................(Rajnish Kumar,J.)
Order Date :- 18.2.2025 Banswar Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench