SUBHASH CHAND @ SUBHASH CHANDRA & ANR. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 12.03.2026 Pronounced on : 27.03.2026 Uploaded on : 27.03.2026 + FAO 77/2026 SUBHASH CHAND @ SUBHASH CHANDRA & ANR. .....Appellants Through: Mr. Rajan Sood, Ms. Ashima Sood and Ms. Megha Sood, Advocates versus UNION OF INDIA .....Respondent Through: Mr. Jagdish Chandra, CGSC with Ms. Maanya Saxena, Advocate Ms. Iram Majid, CGSC with Mr. Mohd. Suboor and Ms. Nasreen Khatoon, 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 30.10.2025 passed by the Railway Claims Tribunal, Delhi,(hereinafter as the “Tribunal”) in Case No. OA/II(U)/DLI/744/2025, titled “Subhash Chand @ Subhash Chandra & Anr. v. Union of India”. 2. Vide the aforesaid judgment, the Tribunal dismissed the claim application filed by the appellants on the ground that the that the deceased Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 77/2026 Page 1 of 6 Signing Date:27.03.2026 19:22:41 was not a bona fide passenger and that the alleged incident did not amount to an “untoward incident” within the meaning of Section 123(c)(2) read with Section 124A of the Railways Act, 1989 (hereinafter referred to as “the Act”). 3. Briefly stated, the facts of the case, as set out by the claimants, are that on 06.06.2024, one Sanju Yadav (hereinafter referred to as the “deceased”) had purchased a journey ticket bearing No. UCC-37999149 for travelling from Tundla to Bharthana by EMU Train No. 04186. Due to heavy rush inside the train compartment, she was standing near the gate, upon the train reaching Bharthana Railway Station, she was unable to deboard. In the process of alighting, she accidentally fell from the tra