Vidhya Ram & Anr. Vs Union of India (Delhi High Court)
The Delhi High Court allowed the appeal filed by Vidhya Ram and another against the Railway Claims Tribunal’s rejection of compensation for the death of their son Mukesh. The Court first condoned a 210-day delay, taking account of the appellants’ poverty, illiteracy and difficulty obtaining legal assistance. It cited earlier Delhi High Court orders granting relief in comparable circumstances and emphasised the beneficial nature of the legislation.
The claim concerned a journey on 13 March 2017 from Rampur Junction to Bareilly Junction. The appellants maintained that Mukesh had purchased a ticket which was lost in the accident, and that he fell from the train near Mirganj and Bareilly. The Tribunal had relied on discrepancies in witness testimony, the absence of the ticket, and the condition and location of the body to conclude that the deceased was neither a bona fide passenger nor the victim of an untoward incident. The High Court held that non-recovery of a ticket was not conclusive and that the Railways had not rebutted the claimant’s account through cogent evidence. It applied the principles discussed in Union of India v. Rina Devi and Sukhabhai Nanjibhai Makwana v. Union of India.
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