LAXMI & ORS. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 18.03.2026 Pronounced on : 27.03.2026 Uploaded on : 27.03.2026 + FAO 173/2025 LAXMI & ORS. .....Appellants Through: Mr. Rohit Saraswat, Ms. Mansi Rose Taneja and Mr. Shaleen Bareja, Advocates. versus UNION OF INDIA .....Respondent Through: Mr. Abhishek Maratha, SPC (UOI), Mr. Amit Acharya, GP, Ms. Nupur Sharma, Advocates. 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 10.09.2024 passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA/II(U)/DLI/86/2024. 2. Vide the aforesaid judgment, the Tribunal dismissed the claim application filed by the appellants herein on the ground that the deceased had committed suicide and was neither a bona fide passenger nor was the alleged incident an “untoward incident” as defined under the Railways Act, 1989 (hereinafter referred to as the “Act”). Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 173/2025 Page 1 of 5 Signing Date:27.03.2026 18:59:31 3. The brief facts of the case are that, on 26.04.2023, one Sh. Sompal (hereinafter referred to as the “deceased”) was travelling from Haridwar to Moradabad on the strength of a valid journey ticket and while undertaking the said journey, he fell from the running train between Nagina and Puraini Railway Stations and sustained grievous injuries. Thereafter, he was run over by another train and died on the spot. 4. Learned counsel for the appellants assails the impugned judgment by contending that the deceased was a bona fide passenger, as is evident from the recovery of a valid journey ticket. It is submitted that there