POONAM & ORS. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 11.02.2026 Pronounced on : 12.03.2026 Uploaded on : 12.03.2026 + FAO 300/2022 POONAM & ORS. .....Appellants Through: Mr. Rajan Sood, Ms. Ashima Sood, Ms. Megha Sood, Advocates versus UNION OF INDIA .....Respondent Through: Mr. P.S. Singh, CGSC for UOI with Ms. Shivangi Sharma, Mr. Mritunjay K. Singh and Ms. Prachi, 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, assailing the judgment dated 07.07.2022 passed by the Railway Claims Tribunal, Delhi,(hereinafter as the “Tribunal”) in Case No. OA II(U)/84/2019, titled “Smt. Poonam & Ors. v. Union of India”. 2. Vide the aforesaid judgment, the Tribunal dismissed the claim application filed by the appellants on the ground that the alleged incident did not amount to an “untoward incident” within the meaning of Section 123(c) of the Railways Act, 1989 (hereinafter referred to as the “Act”). 3. Briefly stated, the facts of the case, as set out in the claim application, are that on 23.04.2018, one Navratan (hereinafter referred to as the “deceased”) had purchased a journey ticket bearing No. 05823105 for Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 300/2022 Page 1 of 8 Signing Date:12.03.2026 18:35:32 travelling from Ajaibpur to Aligarh. It is the case of the appellants that while the deceased was attempting to board the train, there was heavy rush of passengers inside the compartment, as a result of which he was pushed and fell from the train, sustaining grievous injuries which proved fatal. Thereafter, the deceased was taken to the Government Hospital, District Gautam Buddh Nagar, where the post-mortem examination was conducted. 4. Learned co