CHOTI BETI vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 07.04.2026 Pronounced on : 08.04.2026 Uploaded on : 08.04.2026 + FAO 143/2025 CHOTI BETI .....Appellant Through: Ms. Ananya Mago, Mr. Kshitiz Jain and Mr. Rohan Chandra, Advocates versus UNION OF INDIA .....Respondent Through: Mr. PS Singh, CGSC with Ms. Shivangi Sharma and Mr. Rajneesh Sharma, Advocates 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 31.01.2025, passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA/II(U)/DLI/107/2021. 2. Vide the aforesaid judgment, the Tribunal dismissed the claim application filed by the appellants 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. The brief facts of the case, as stated in the claim application, are that Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 143/2025 Page 1 of 6 Signing Date:08.04.2026 19:36:43 on 16.04.2012, the son of the appellant, Manoj Kumar Srivastava (hereinafter referred to as the “deceased”), was travelling from Farrukhabad to Dariyaganj by Lucknow-Kasganj Passenger Train, on the strength of a valid second-class ticket, and while undertaking the said journey, he fell from the running train between Bhatasa and Kaimganj Railway Stations, as a result of which he sustained grievous injuries and died on spot. 4. Learned counsel for the appellant assails the impugned judgment by contending that the Tribunal has erred in rejecting the claim despite sufficient evidence esta