SUNITA vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 02.04.2026 Pronounced on : 06.04.2026 Uploaded on : 06.04.2026 + FAO 473/2017 SUNITA .....Appellant Through: Mr. S.K. Singh, Advocate versus UNION OF INDIA .....Respondent Through: Mr. Jitesh Vikram Srivastava, SPC for UOI 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 12.04.2017 passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA/II(U)136/2016, titled as “Smt. Sunita vs. Union of India”. It is pertinent to note that during the pendency of the present appeal, the appellant i.e., the mother of the deceased, expired on 02.08.2023, and her son and three daughters were brought on record as her legal representatives in terms of the order passed on 03.11.2025, and they are now prosecuting the present appeal. Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 473/2017 Page 1 of 6 Signing Date:06.04.2026 19:01:04 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 07.06.2013, one Sonu @ Suraj Chopra (hereinafter referred to as the “deceased”) was travelling from Haridwar to Old Delhi, along with his brother Vijay Chopra and a friend namely Jitender Sharma, after purchasing valid journey tickets, and while undertaking the said journey, due to heavy rush in the compartment,