VIJENDER SINGH & ANR. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 08.04.2026 Pronounced on : 24.04.2026 Uploaded on : 24.04.2026 + FAO 206/2022 VIJENDER SINGH & ANR. .....Appellant Through: Mr. Shadab Khan, Advocate versus UNION OF INDIA .....Respondent Through: Ms. Pratima N. Lakra, CGSC with Ms. Upanita S., 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 15.11.2019 passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter the “Tribunal”) in Claim Application No. OA II(u) No. 56/2016. 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 did the alleged incident qualify as an “untoward incident” as defined under the Railways Act, 1989 (hereinafter referred to as the “Act”). 3. The brief facts of the case, as set out in the claim application, are that on 27.11.2015, one Sh. Ankush Kumar (hereinafter referred to as the Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 206/2022 Page 1 of 5 Signing Date:24.04.2026 18:21:30 “deceased”) was travelling from Saharanpur to Shamli by Train no. 14546 (DN Express) on the strength of a second-class journey ticket. It was the case of the appellants that upon the train reaching near Shamli Railway Station, due to heavy rush and jostling inside the compartment, the deceased accidentally fell from the running train and sustained grievous injuries, to which he succumbed. 4. Learned counsel for the appellants assailed the impugned judgment contending that the Tribunal erred in rejecting the claim application by holding that the incident in question does not f