MOHD. UBAID vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 22.01.2026 Pronounced on : 30.01.2026 Uploaded on : 30.01.2026 + FAO 38/2021 MOHD. UBAID .....Appellant Through: Mr. Rajan Sood, Ms. Ashima Sood and Ms. Megha Sood, Advocates versus UNION OF INDIA .....Respondent Through: Mr. Jitesh Vikram Srivastava, Advocate (SPC) CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal is directed against the judgment dated 06.03.2020 passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA (IIu) No. 140/2019, filed under Section 16 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as the “Act”). 2. The Tribunal observed that though the appellant was a bona fide passenger having a valid journey ticket for the journey from Shahdara to Loni, the appellant was travelling on the footboard of the train while holding Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:30.01.2026 19:18:33 FAO 38/2021 Page 1 of 8 the handrail of the coach and, as a result thereof, fell from the train and suffered amputation of his right leg. On this basis, the Tribunal held that the alleged incident did not fall within the definition of an “untoward incident” under the Railways Act. The Tribunal further held that such negligent conduct was covered by the exception under Section 124-A of the Act, treating the injuries as self-inflicted and attributing the same to the appellant’s alleged state of intoxication. 3. The Tribunal, in the impugned judgment, primarily rested its conclusions on the hospital discharge summary (Annexure-M) and, on that basis, declined to apply the judgments relied upon by the appellant, wherein it has been held that the mere smell of alcohol, in t