VIRENDER SINGH & ANR. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 15.11.2025 Judgment pronounced on: 28.11.2025 + FAO 39/2021 & CM APPL 3099/2021 VIRENDER SINGH & ANR. .....Appellants Through: Mr. Rajan Sood, Advocate versus UNION OF INDIA .....Respondent Through: Mr. Jivesh Kumar Tiwari, CGSC. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. The present first appeal under Section 23 of the Railway Claims Tribunal Act, 1987 (the RCT Act), has been filed for setting aside the impugned judgment dated 12.09.2017, passed by the Railway Claims Tribunal, Principal Bench, Delhi (the Tribunal), in Case No. OA(IIU) No. DLI/29/2017, whereby the claim of the appellants/applicants was dismissed, holding, inter alia, that the deceased was not a bona fide passenger of the train. 2. Brief facts of the case are stated as follows:- Deceased, Vikrant, aged about 16 years, boarded the Jan Shatabdi Express, Signature Not Verified FAO 39/2021 Page 1 of 9 Signed By:KOMAL DHAWAN Signing Date:28.11.2025 11:33:44 being Train No. 12058, on 08.08.2016 after purchasing a valid ticket bearing No. J-56204807 for ₹10/- and bearing excess charges, for travel from Sonepat to Delhi. Due to heavy rush in the train, the deceased was compelled to stand near the door of the compartment. When the train was running near the railway crossing of Holambi Kalan Railway Station, there was a sudden jerk, as a result of which the deceased fell from the running train. He sustained grievous injuries all over his body and died on the spot. The deceased left behind his parents as dependants, who are the appellants/applicants in the present appeal. 2.1. The appellants/applicants filed a claim under Sections 13 (1-A) and 16(1) of the RCT Act, and Section 124-A of the Railways Act, 198