SMT.KAMLESH & ORS. vs UNION OF INDIA

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 05.05.2026 Pronounced on : 11.05.2026 Uploaded on : 11.05.2026 FAO 202/2022 SMT. KAMLESH & ORS. .....Appellants Through: Mr. Prashant Kumar Shisodia, Advocate versus UNION OF INDIA .....Respondent Through: Mr. Farman Ali, CGSC with Ms. Usha Jamwal, 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 13.04.2022, passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA/II(u)/DLI/18/2021. 2. Vide the impugned judgment, the Tribunal dismissed the claim application on the ground that the deceased was neither a bona fide passenger and nor did the incident in question fell within the ambit of an “untoward incident” as defined under Section 123(c) read with Section 124- A 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 4. Learned counsel for the appellants submits that the Tribunal has failed to appreciate the official railway record