KIRAN DEVI & ORS. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 25.02.2026 Pronounced on : 13.04.2026 Uploaded on : 13.04.2026 + FAO 270/2024 KIRAN DEVI & ORS. .....Appellants Through: Mr. Rajan Sood, Ms. Ashima Sood and Ms. Megha Sood, Advocates versus UNION OF INDIA .....Respondent Through: Ms. Nidhi Raman, CGSC with Mr.Arnav Mittal, Advocate 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 impugned judgment dated 30.05.2024 passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA II(u) No. 242/2023. 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 case of the appellants before the Tribunal was that on 13.03.2023, one Virendra Patel (hereinafter referred to as the “deceased”) was travelling Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 270/2024 Page 1 of 4 Signing Date:13.04.2026 20:02:58 from Ludhiana to Gorakhpur on the strength of a valid journey ticket. It was their case that, due to heavy rush in the train, he accidentally fell from the running train near Harthala Railway Station (District Moradabad), resulting in fatal injuries leading to his death. 4. Learned counsel for the appellants assailed the impugned judgment contending that the Tribunal erred in rejecting the claim application by holding that the deceased was not a bona fide passenger and that the incident in question did not fall within the amb