TULSI DAS vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 11.03.2026 Pronounced on : 25.03.2026 Uploaded on : 25.03.2026 + FAO 273/2018 TULSI DAS .....Appellant Through: Mr. R.K. Nain and Mr. Chandan Prajapati, Advocates versus UNION OF INDIA .....Respondent Through: Mr. Himanshu Pathak, SPC for UOI with Mr. Mohit Gupta Sharma, Advocate 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 impugned judgment dated 03.01.2018 passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter the “Tribunal”) in Claim Application No. OA II(u) No. 93/2017, whereby the claim application filed by the appellant seeking injury compensation was dismissed. 2. The case of the appellant before the Tribunal was that he had boarded Train No. 12920 (Malwa Express) from Sonipat Railway Station on 25.03.2015 for travelling to Jhansi, on the strength of a valid second-class journey ticket. It was his case that, due to heavy rush in the train, he Signature Not Verified FAO 273/2018 Page 1 of 4 Digitally Signed By:NIJAMUDDEEN ANSARI Signing Date:25.03.2026 16:55:20 accidentally fell between Sonipat and New Delhi Railway Stations, resulting in grievous injuries leading to amputation of both hands below the elbow. 3. Learned counsel for the appellant assailed the impugned judgment contending that the Tribunal erred in rejecting the claim application by holding that the appellant was not a bona fide passenger and that the injuries were not the result of an untoward incident. It was submitted that the appellant deposed that he had purchased a valid journey ticket, which was lost at the time of the said incident. Reliance was placed upon the decision of the Supreme Court in Union of