SMT. RAJKUMARI & ORS. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 13.04.2026 Pronounced on : 27.04.2026 Uploaded on : 27.04.2026 + FAO 352/2025 SMT. RAJ KUMARI & ORS. .....Appellants Through: Mr. Kshitiz Jain, Mr. Rohan Chandra and Ms. Ananya Mago, Advocates versus UNION OF INDIA .....Respondent Through: Mr. Vinay Yadav, CGSC with Mr. Vipul Kumar, GP CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT CM APPL. 79947/2025 (exemption) 1. Allowed, subject to all just exceptions. 2. The application stands disposed of. FAO 352/2025 1. The present appeal has been filed under Section 23 of the Railway Claims Tribunal Act, 1987 against the judgment dated 13.05.2025 passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA/II(U)/DLI/265/2024. 2. Vide the impugned 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 Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 352/2025 Page 1 of 7 Signing Date:27.04.2026 18:46:43 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 16.08.2019, one Sh. Devendra Singh (hereinafter referred to as the “deceased”) had gone to Aligarh to visit his sister for the occasion of Raksha Bandhan and was returning therefrom by Train No. 54461 from Aligarh to Dibai Railway Station. It is the case of the appellants that while the train was in motion between Rajghat Naraura and Dibai Railway Station, the deceased accidentally fell from the running train during the night hours and sustained fatal injuries, as a result of w