MEV UMRFARUK & ANR. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 25.04.2026 Pronounced on : 07.05.2026 Uploaded on : 07.05.2026 + FAO 272/2024 MEV UMRFARUK & ANR. .....Appellant Through: Mr. Rajan Sood, Ms. Ashima Sood, Ms. Megha Sood, Advocates versus UNION OF INDIA .....Respondent Through: Ms. Ritu Reniwal, SPC with Mr. Gaurav Kumar, 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 31.01.2024, passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA (IIu) No. 180/2023 titled as “Mev Umrfaruk & Anr. vs. Union of India”. 2. Vide the impugned judgment, the Tribunal dismissed the claim application primarily on the ground that the deceased was not a bona fide passenger, despite holding that the incident in question constituted as 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 stated in the claim application, are that Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 272/2024 Page 1 of 6 Signing Date:07.05.2026 19:05:57 on 14.06.2022, one Mohd. Fahad Mev (hereinafter referred to as the “deceased”) had accompanied his brother, sister, brother-in-law and cousin to Alwar Railway Station, from where they were travelling to Ahmedabad by Train No. 12916 (Ashram Express). It is stated that while on the way to the railway station, the deceased expressed his intention to travel to along with them and accordingly, after reaching Alwar Railway Station, a second class journey ticket was purchased. Thereafter, after helping his relatives board the reserved