SH. BADSHAH & ANR. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 27.04.2026 Pronounced on : 29.04.2026 Uploaded on : 29.04.2026 + FAO 86/2021 SH BADSHAH & ANR. ..... Appellants Through: Mr. Rohit Nagar, Advocate versus UNION OF INDIA ..... Respondent Through: Mr. Subhash Tanwar, SPC for UOI with Mr. Sandeep Mishra, Mr.Harshit Deshwal, Mr. Mohit Kumar Tomar and Mr. Mayank Sehrawat, 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 05.12.2019 passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA/II(U)/GZB/228/2018, titled as “Badshah & Anr. vs. Union of India”. 2. Vide the impugned judgment, the Tribunal dismissed the claim primarily on the ground that the incident in question was not an “untoward incident” within the meaning of the Railways Act, 1989 (hereinafter referred to as the “Act”) and consequently, did not return any finding on the issue of Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 86/2021 Page 1 of 6 Signing Date:29.04.2026 20:06:25 bona fide travel. 3. The brief facts of the case, as stated in the claim application, are that on 07.02.2018, one Shahid (hereinafter referred to as the “deceased”) purchased a valid journey ticket for travelling from Garhi Harsaru to Hathras Junction, and on 08.02.2018, he de-boarded at Aligarh for change of train, and thereafter boarded Train No. 54462 (Bareilly-Bandikui Passenger) Train, and while approaching Pora, he accidentally fell from the running train and sustained injuries, due to which he died on spot. 4. Learned counsel for the appellants assails the impugned judgment by contending that the Tr