SURJEET KAUR & ORS. vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 06.05.2026 Pronounced on : 11.05.2026 Uploaded on : 11.05.2026 + FAO 42/2022 SURJEET KAUR & ORS. .....Appellants Through: Ms. Vijay Laxmi, Advocate versus UNION OF INDIA .....Respondent Through: Mr. Raj Kumar Yadav, SPC for UOI 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 03.03.2020, passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA/II(u)/DLI/261/2019. 2. Vide the impugned judgment, the Tribunal dismissed the claim primarily on the ground that the incident in question was not an “untoward incident” within the meaning of the Railways Act, 1989 (hereinafter referred to as the “Act”) and consequently, did not return any finding on the issue of bona fide travel. 3. The brief facts of the case, as set out in the claim application are that Tara Singh (hereinafter referred to as the “deceased”) was a regular Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 42/2022 Page 1 of 7 Signing Date:11.05.2026 18:27:04 commuter travelling between Rohtak and Delhi for business purposes and was holding a valid Monthly Season Ticket (MST) for travel between Rohtak and Delhi. It was alleged that on 24.02.2016, during the period when railway operations stood disrupted owing to the Jat Reservation agitation, the deceased had reached Rohtak Railway Station for travelling towards Delhi. It was the appellants’ case that he tried to board the train but after some time, due to heavy rush in the train, he accidentally fell from the train in the Rohtak yard itself, resulting in his death. 4. The Tribunal, however, d