GURUVACHAN SINGH vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 13.02.2026 Pronounced on : 16.02.2026 Uploaded on : 16.02.2026 + FAO 237/2022 GURUVACHAN SINGH .....Appellant Through: Mr. Rajan Sood, Ms. Ashima Sood, and Ms. Megha Sood, Advocates. versus UNION OF INDIA .....Respondent Through: Mr. Ruchir Mishra, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The appellant, being the claimant before the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter “the Tribunal”), is aggrieved by the dismissal of his claim application vide the impugned judgment dated 29.03.2022 passed in Case No. OA(IIu)/DLI(LKO)/275/ 2021. 2. The claim application came to be filed in the context of an incident wherein one Sh. Shahvanshee (since deceased), aged 82 years, undertook a train journey on 10.06.2015 from Etawah to Shikohabad on Kanpur-Tundla Passenger Train. It was claimed that while travelling in the said train, the deceased fell from the train near Jaswantnagar Railway Station and suffered fatal injuries. The Tribunal reached the conclusion that the deceased was neither a bona fide passenger nor had he died in an “untoward incident” as defined under Section 123(c) of the Railways Act, 1989 (hereinafter “the Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 237/2022 Page 1 of 5 Signing Date:16.02.2026 19:29:42 Act”). 3. Assailing the aforesaid findings, learned counsel for the appellant, while referring to the decision in Union of India Vs. Rina Devi1, contended that though no train ticket was recovered, the claim application was accompanied by an affidavit of the son of the deceased, wherein the material facts had been duly stated. Further, the incident had occurred between Jaswantnagar Railway Station and Balrai Railway Station, and the first info