ANITA DEVI & ORS. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 15.04.2026 Pronounced on : 28.04.2026 Uploaded on : 28.04.2026 + FAO 56/2025 ANITA DEVI & ORS. .....Appellants Through: Mr. Rajan Sood, Ms. Ashima Sood and Ms. Megha Sood, Advocates versus UNION OF INDIA .....Respondent Through: None CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been filed under Section 23 of the Railway Claims Tribunal Act, 1987 against the judgment dated 30.08.2024 passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA/II(U)/132/2019, titled as “Smt. Anita Devi & Ors. vs. Union of India”. 2. Vide the impugned judgment, the Tribunal dismissed the claim application filed by the appellant herein on the ground that the deceased was neither a bona fide passenger, nor was the alleged incident an “untoward incident” as defined under the Railways Act, 1989 (hereinafter referred to as the “Act”). 3. None appears for the respondent. Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 56/2025 Page 1 of 6 Signing Date:28.04.2026 19:00:51 4. The brief facts of the case, as stated in the claim application, are that on 27.04.2018, one Sh. Sanjeev Kumar (hereinafter referred to as the “deceased”) was travelling from Phaphund to Ghaziabad on the strength of a valid journey ticket. It is the case of the appellants that during the course of the said journey, owing to heavy rush and push of the passengers near the gate, the deceased accidentally fell from the running train near Ekdil Railway Station and sustained fatal injuries, as a result of which he died. 5. Learned counsel for the appellants assails the impugned judgment by contending that the Tribunal has erred in disregarding the evid