SMT SAVITA AND ORS vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 13.05.2026 Pronounced on : 21.05.2026 Uploaded on : 21.05.2026 + FAO 193/2022 SMT SAVITA AND ORS. .....Appellants Through: Mr. Rajan Sood, Ms. Ashima Sood, Ms. Megha Sood, Advocates versus UNION OF INDIA .....Respondent Through: Mr. Gaurav Sharma, SPC for UOI with Ms. Manpreet Kour, Mr. Sachin Singh, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT CM APPL. 31089/2022 (seeking condonation of delay of 7 days in filing the appeal) 1. By way of the present application, theappellantseeks condonation of delay of 7 days in filing the appeal. 2. For the reasons stated in the application, the application is allowed and the delay of 7 days in filing the appeal is condoned. 3. The application is disposed of accordingly. FAO 193/2022 1. The present appeal has been filed under Section 23 of the Railway Claims Tribunal Act, 1987, against the judgment dated 08.03.2022, passed bythe Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA/II(u)/DLI/283/2019. Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 193/2022 Page 1 of 5 Signing Date:21.05.2026 17:57:24 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 necessary for adjudication of the present appeal are that on 08.10.2018,one Rajendra (hereinafter referred to as the “deceased”)was travelling fromBallabhgarhtoDelhiafter purchasing a valid journey ticket. During the course of the said journey, he accidentally fell from the tr