SUSHEELA & ANR vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 27.03.2026 Pronounced on : 18.04.2026 Uploaded on : 18.04.2026 + FAO 98/2018 SUSHEELA & ANR. .....Appellants Through: Mr. Rajan Sood, Ms. Ashima Sood and Ms. Megha Sood, Advocates versus UNION OF INDIA .....Respondent Through: Mr. Bhagwan Swaroop Shukla, CGSC with Mr. Mukesh Kumar and Ms. Priya Dwivedi, 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 20.12.2016 passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA/II(U)/0096/2015, titled as “Susheela & Ors. vs. 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 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 Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 98/2018 Page 1 of 5 Signing Date:18.04.2026 16:57:27 on 26.10.2014, one Aman (hereinafter referred to as the “deceased”) was travelling from Bahadurgarh to Nangloi by Janta Express Train on the strength of a valid journey ticket. It was the appellants’ case that upon arrival at Nangloi Railway Station, due to heavy rush inside the compartment, the deceased suffered a fall from the train owing to a sudden jerk, resulting in fatal injuries. He was taken to Sanjay Gandhi Memorial Hospital where he died during the course of his treatment. 4. Learned counsel for the appellants assails the imp