Is Identity Proof Sine Qua Non For Filing Accident Claim Under Railway Claims Tribunal Act? Delhi HC To Consider Slum Dweller's Plea

The Delhi High Court has issued notice on a petition filed by a roadside dweller, who had lost both his legs in an accident caused at Ghaziabad Railway Station, seeking directions on the Railway Claims Tribunal to consider his plea for compensation which was denied on technical grounds including that he did not possess a valid identity proof.

Justice Rekha Palli issued notice to Union of India, Railway Claim Tribunal, GTB Hospital and GRP Loni, Ghaziabad and posted the matter for further hearing on September 9.

Moved through a final year law student Shrikant Prasad, the plea avers that the victim, residing on the footpath outside AIIMS hospital was compelled to resort to begging after his legs were amputated while traveling in the train on a general class ticket. It states that a claim application was filed before the concerned Tribunal in accordance with the Railway Claim Tribunal Act. However, the same was rejected on the ground of suffering from technical defects.

Significantly, the petitioner had applied for an Aadhar Card but the same was rejected by the UIDAI last year. 

In view of this, stating that the jurisdiction of Railway Claim Tribunal was well equipped, the plea avers thus:

"The Respondent no 2 (Railway Claim Tribunal) has ignored the very laudable objective of the tribunal and declined to entertained the claim application and contrary to Section 18 in The Railway Claims Tribunal Act, 1987."

The plea therefore argues that the tribunal cannot refuse to entertain the claim application on the basis of technicalities that the passenger has no identity proof, address or other documents.

Case Title: Umesh v. UOI & Ors.