OM PRAKASH vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 01.04.2026 Pronounced on : 21.04.2026 Uploaded on : 21.04.2026 + FAO 53/2021 OM PRAKASH .....Appellant Through: Mr. Rajan Sood, Ms. Ashima Sood and Ms. Megha Sood, Advocates versus UNION OF INDIA .....Respondent Through: Mr. Subhash Tanwar, CGSC with Mr. Sandeep Mishra and Ms. Bhavi Garg and Mr. Naveen, 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 impugned judgment dated 09.07.2019 passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter the “Tribunal”) in Claim Application OA II(u) No. 61/2018, whereby the claim application filed by the appellant seeking injury compensation was dismissed. 2. The brief facts of the case are that on 23.12.2017, the appellant was travelling from Gurgaon to Delhi by the Janta Express Train on the strength of a valid journey ticket. It is the case of the appellant that when the train Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 53/2021 Page 1 of 5 Signing Date:21.04.2026 17:16:30 reached Patel Nagar Railway Station, he got down to get water and while attempting to re-board the train, he accidentally fell and sustained grievous injuries resulting in amputation of both his legs. 3. Learned counsel for the appellant assails the impugned judgment by contending that the Tribunal has erred in dismissing the claim despite having returned a categorical finding that the incident in question was an “untoward incident”. It is submitted that the finding regarding absence of bona fide travel is based merely on non-recovery of the ticket at the spot and on the DRM report, both of which have been erroneously treated as determinative. It