PURNIMA & ORS. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 12.05.2026 Pronounced on : 18.05.2026 Uploaded on : 18.05.2026 + FAO 153/2026 PURNIMA & ORS. .....Appellants Through: Ms. Shivali Shah and Mr. Kshitiz Jain, Advocates versus UNION OF INDIA .....Respondent Through: Mr. Rohit Kumar, SPC with Mr. Amit Acharya, GP and Ms. Himanshi Singh, 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 05.01.2026, passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA/II(u)/DLI/49/2025. 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”). Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 153/2026 Page 1 of 6 Signing Date:18.05.2026 19:09:41 3. The brief facts of the case, as set up before the Tribunal, are that on 12.10.2024, one Sh. Ravindra Kumar @ Neetu (hereinafter referred to as the “deceased”) was travelling along with his younger son and his brother-in- law, Deshpal Singh, from Gokulpur Saboli to Shamli on the strength of valid journey tickets for the said travel. During the course of the journey, due to heavy crowding and pushing inside the compartment, the deceased accidentally fell from the moving train near Gotra Halt and sustained grievous injuries. The deceased was initially taken to CHC Khekra for treatment and was thereafter shifted to GTB Hospital, Delhi, where he ultimately succumbed to his injuries. 4. Ass