PRAHALAD & ORS. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 26.08.2025 Judgment delivered on: 24.09.2025 + FAO 100/2022 PRAHALAD & ORS. .....Appellant versus UNION OF INDIA .....Respondent Memo of Appearance For the Petitioner: Mr. Prashant Kumar Shisodia, Advocate For the Respondent: Mr. Subhash Tanwar, CGSC with Mr. Naveen, Mr. Sandeep Mishra and Mr. Harshit Deshwal, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ JAIN JUDGMENT MANOJ JAIN, J 1. Appellants are husband and children of the deceased Sarojwati. 2. They had filed a claim petition under Section 16 of Railway Claims Tribunal Act, 1987 (hereinafter referred to as „said Act‟) seeking compensation of Rs.4,00,000/- (Rupees Four Lacs) contending that while undertaking train journey on 22.01.2016, deceased Sarojwati met with an “untoward incident”. 3. Such claim petition has been dismissed by learned Railway Claims Tribunal vide judgment dated 18.12.2019, which has been impugned before this Court by filing present appeal under Section 23 of said Act. 4. Let me narrate the facts, germane to the present appeal. 5. The deceased was allegedly travelling on 22.01.2016 from Ghaziabad to Mathura in a passenger train. Due to heavy rush, she stood near the train gate and, while preparing to de-board at Mathura Station, Signature Not Verified Digitally Signed By:SONIA THAPLIYAL FAO 100/2022 Page 1 of 9 Signing Date:24.09.2025 17:35:57 she got pushed due to a jerk and crowd- pressure. Resultantly, she fell from the moving train at Bhuteshwar Railway Platform No.1 and sustained fatal injuries and died on the spot. 6. Learned Railway Tribunal formulated following issues for adjudication: - “i) Whether the deceased was a bonafide passenger of the train in question at the time of accident? ii) Whether the deceased suffered injur