LAKSHAMI BAI vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 04.05.2026 Pronounced on : 08.05.2026 Uploaded on : 08.05.2026 + FAO 336/2022 LAKSHAMI BAI .....Appellant Through: Mr. Ritik Singh, Advocate versus UNION OF INDIA .....Respondent Through: Mr. Manish Kumar, SPC with Mr. Rudra Paliwal, 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 judgment dated 15.07.2022, passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA/II(u)/DLI/08/2021. 2. Vide the impugned judgment, the learned Tribunal, while categorically holding the deceased to be a bona fide passenger travelling on a valid railway journey ticket, dismissed the claim application primarily on the ground that the appellant failed to establish that the death of the deceased occurred in an “untoward incident” within the meaning of Section 123(c) of the Railways Act, 1989 (hereinafter referred to as “the Act”). 3. The brief facts of the case, as borne out from the claim application, are Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 336/2022 Page 1 of 6 Signing Date:08.05.2026 16:43:16 that on 27.02.2020, one Umesh Raj Sahagal (hereinafter referred to as the “deceased”) was travelling from Bijwasan to Pataudi Road on the strength of a valid journey ticket. During the course of the said railway journey, the deceased met with a railway accident between Pataudi Road and Jataula Railway Stations, resulting in fatal injuries and consequent death. 4. Learned counsel for the appellants submits that the learned Tribunal has failed to appreciate the contemporaneous official record in its correct perspective and ha