SMT REKHA & ORS. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 10.04.2026 Pronounced on : 25.04.2026 Uploaded on : 25.04.2026 + FAO 225/2022 SMT REKHA & ORS. .....Appellants Through: Mr. Rajan Sood, Ms. Ashima Sood and Ms. Megha Sood, Advocates versus UNION OF INDIA .....Respondent Through: Mr. Ranvir Singh, SPC with Mr. Vikas Kumar Singh, 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 judgment dated 16.03.2022 passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA/II(U)/898/2021, titled as “Rekha & ors. vs. Union of India”. 2. Vide the impugned 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 brief facts, as stated in the claim application, are that on Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 225/2022 Page 1 of 6 Signing Date:25.04.2026 17:24:53 12.02.2012, one Sh. Ajay Kumar (hereinafter referred to as the “deceased”), after purchasing a valid journey ticket, was travelling from Somna to Shahdara. It is the case of the appellants that the deceased accidentally fell from the running train near Vivek Vihar Station, and sustained fatal injuries, as a result of which he died on spot. 4. Learned counsel for the appellants assails the impugned judgment by contending that the Tribunal has erred in disregarding the contemporaneous material on record, which clearly establishes that the deceased sustained fatal injuries in