SMT. LALITA DEVI & ORS. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 16.01.2026 Pronounced on : 19.01.2026 Uploaded on : 19.01.2026 + FAO 103/2025 SMT. LALITA DEVI & ORS. .....Appellants Through: Mr. Rajan Sood, Ms. Ashima Sood, Ms Megha Sood, Advocates versus UNION OF INDIA .....Respondent Through: Mr. Rajesh Kumar, SPC for UOI with Ms. Pragya Yadav, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been instituted against the judgment dated 03.05.2024 passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA/II(U)/DLI/428/2023. 2. Vide the aforesaid judgment, the Tribunal rejected the appellants’ claim seeking compensation for the death of late Sh. Chandan Singh (husband of appellant no. 1 and father of appellant nos. 2 to 4), concluding that his death did not occur in an “untoward incident” as defined under the Railways Act, 1989. 3. Learned counsel for the appellants has contended that the Tribunal erred by deciding the core issue against them. He submits that the deceased was a bona fide passenger, and that he accidentally fell from a train due to a sudden jerk near the Basai Dhankot Railway Station, which must be classified as an “untoward incident” and attract strict liability under the Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 103/2025 Pg. 1 of 4 Signing Date:19.01.2026 17:31:12 relevant provisions. 4. Learned counsel for the respondent, relying upon the Statutory Report of the DRM, submits that the body of the deceased was found beneath a road flyover approximately 80 meters away from the railway line and 23 meters away from the railway boundary. The incident was never reported to any railway authority at the time of occurrence. He fur