ROHNAK JAHAN & ORS vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 07.05.2026 Pronounced on : 12.05.2026 Uploaded on : 12.05.2026 + FAO 154/2017 ROHNAK JAHAN & ORS. .....Appellants Through: Mr. Yogesh Swaroop, Mr. D. Endlow, Ms. Shivangi Singh, Advocates versus UNION OF INDIA .....Respondent Through: Ms. Arunima Dwivedi, CGSC for UOI with Ms. Swati J., Ms. Himanshi Singh and Ms. Monalisha Pradhan, 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 20.12.2016, passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA/II(u)/240/2015. 2. Vide the impugned judgment, the Tribunal dismissed the claim application primarily on the ground that though the death of the deceased fell within the ambit of an “untoward incident”, the appellants failed to establish that he was a bona fide passenger within the meaning of the Railways Act, Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 154/2017 Page 1 of 7 Signing Date:12.05.2026 19:15:04 1989 (hereinafter referred to as the “Act”). 3. The case set up by the appellants before the Tribunal was that on 06.08.2015, one Ashraf Ali (hereinafter referred to as the “deceased”), along with his friend Talib Hussain, was returning from Allahabad to Delhi under a valid reserved ticket by the Prayagraj Express Train. It was alleged that after reaching Ghaziabad, the deceased proceeded further towards Old Delhi and during the course of the said journey, he accidentally fell from the train near Vivek Vihar Railway Station, resulting in fatal injuries and death. 4. The Tribunal, however, dismissed the claim petition primarily on the gr