P.K. GUPTA AND ANR vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 13.05.2026 Pronounced on : 20.05.2026 Uploaded on : 20.05.2026 + FAO 113/2022 P.K. GUPTA AND ANR .....Appellants Through: Mr. Sirish Gupta, Advocate versus UNION OF INDIA .....Respondent Through: Mr. Rajesh Kumar, SPC for UOI with Mr. Siddharth Shekhar and Mr. Yash Narain, 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, against the judgment dated 05.11.2020, passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA/II(u)/77/2019. 2. Vide the impugned judgment, the Tribunal dismissed the claim application on the ground that the appellant was neither a bona fide passenger nor did the incident come within the ambit of an “untoward incident” as defined under the Railways Act, 189 (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 113/2022 Page 1 of 7 Signing Date:20.05.2026 17:08:58 on 18.09.2018, one Sh.NishankGupta (hereinafter referred to as “the deceased”) had purchased a valid secondclass railway journey ticket for travelling from New Delhi Railway to Nagpur. It is the case of the appellants that after boarding a the train for his onward journey, the deceased accidentally fell from the running train near Naroli, Mathura after the train had crossed Mathura Railway Station, as a result of which he sustained fatal injuries and died on the spot. 4. Assailing the impugned judgment, learned counsel appearing on behalf of the appellants submits that the recovery of valid railway ticket from the person of t