SUMAN DEVI & ORS. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 13.02.2026 Pronounced on : 01.04.2026 Uploaded on : 01.04.2026 + FAO 156/2023 SUMAN DEVI & ORS. .....Appellants Through: Mr. Rajan Sood, Ms. Ashima Sood and Ms. Megha Sood, Advocates versus UNION OF INDIA .....Respondent Through: Mr. Vikrant N. Goyal, Mr. Yash Basoya, Nr. Rakshit Tyagi and Mr.Kunal Dixit, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been preferred under Section 23 of the Railway Claims Tribunal Act, 1987, assailing the judgment dated 31.10.2022 passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”), in Case No. OA/II(u)/DLI/198/2019, titled as Smt. Suman Devi & Ors. v. Union of India. 2. Vide the aforesaid 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 the alleged accident an “untoward incident” as defined under the Railways Act, 1989 (hereinafter referred to as the “Act”). Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 156/2023 Page 1 of 4 Signing Date:01.04.2026 19:28:50 3. Briefly stated, the facts of the case, as set out in the claim application, are that on 23.07.2018, one Bijender Singh (hereinafter referred to as the “deceased”) had boarded a passenger train from Maripat Railway Station for travelling to Ghaziabad on the strength of a valid journey ticket. It was their case that, due to heavy rush in the train, he accidentally fell between Maripat and Ghaziabad Railway Stations and died on the spot. 4. Learned counsel for the appellants assailed the impugned judgment, contending that the Tribunal erred in rejecting the claim application by holding that the deceased was n