NISHA DEVI & ORS. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 13.01.2026 Pronounced on : 15.01.2026 Uploaded on : 15.01.2026 + FAO 154/2023 NISHA DEVI & ORS. .....Appellants Through: Mr. Rajan Sood, Ms. Ashima Sood and Ms. Megha Sood, Advocates (M: 9311903346). versus UNION OF INDIA .....Respondent Through: Mr. Vivek Sharma, Senior Panel Counsel with Mr. Aryan Dev Panday, Advocates (M: 9810418275). CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been instituted against the judgment dated 13.12.2022 passed by the Railway Claims Tribunal, Principal Bench [hereafter referred to as the “Tribunal”] in Claim Application No. OA/II(u)/DLI/15/2021, titled “Nisha Devi & Ors. vs. Union of India”. 2. Vide the aforesaid judgment, the appellant’s claim seeking death compensation was rejected by the Tribunal. 3. Mr. Rajan Sood, learned counsel for the appellants, contended that the Tribunal fell into error while deciding the issues against the appellants. He submits that not only was the appellant/Nisha Devi’s husband a bona fide Signature Not Verified Digitally Signed By:PREM FAO 154/2023 Pg. 1 of 9 MOHAN CHOUDHARY Signing Date:15.01.2026 22:58:31 passenger, but he also suffered a fatal injury in an “untoward incident” which occurred on account of the train journey undertaken by him. 4. Learned counsel for the respondent, on the other hand, has disputed the aforesaid submissions and, while referring to the statement of one Kamlesh Singh (Loco Pilot), stated that the deceased suffered a fatal accident while crossing the train tracks, and the same is a case of suicide and does not fall under the definition of an “untoward incident”. 5. In the claim application filed by the wife of the deceased seeking death compensation, it was claimed that the deceased, Ravi