RAJLI DEVI vs UNION OF INDIA & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 25.03.2026 Pronounced on : 16.04.2026 Uploaded on : 16.04.2026 + FAO 352/2014 RAJLI DEVI .....Appellant Through: Mr. NK Gupta, Advocate versus UNION OF INDIA .....Respondent Through: Mr. Satya Ranjan Swain, CGSC 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 17.01.2014 passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA II(u) No. 521/2011, titled as “Smt. Rajli Devi vs. Union of India”. 2. Vide the aforesaid 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. The brief facts of the case, as stated in the claim application are that on 24.09.2011, one Sh. Sanjay Chauhan (hereinafter referred to as the Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 352/2014 Page 1 of 6 Signing Date:16.04.2026 19:24:36 “deceased”) was travelling from Nawada to Delhi by Train No. 12815 (Neelanchal Express), on the strength of a valid second-class ticket. It is the case of the appellant that due to heavy rush and jostling of passengers in the compartment, the deceased accidentally fell on the platform of Gaya Junction, and sustained grievous injuries, which resulted in his death. 4. Learned counsel for the appellant assails the impugned judgment by contending that the Tribunal has erred in rejecting the claim despite the material available on record clearly establishing