VIKASH KUMAR vs UNION OF INDIA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 07.05.2026 Pronounced on : 13.05.2026 Uploaded on : 13.05.2026 + FAO 483/2017 VIKASH KUMAR .....Appellant Through: Mr. Ritik Singh, Advocate versus UNION OF INDIA .....Respondent Through: Ms. Jivesh Kr. Tiwari, CGSC with Ms. Nandini Aggarwal and Ms. Samiksha, 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 16.02.2017, passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application No. OA/II(u)/262/2015. 2. Vide the impugned judgment, the Tribunal dismissed the claim application filed by the appellant seeking injury compensation 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, 1989 (hereinafter referred to as the “Act”). 3. The brief facts of the case, as stated in the claim application, are that Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI FAO 483/2017 Page 1 of 5 Signing Date:13.05.2026 19:04:47 on 18.08.2015, the appellant was travelling from Delhi to Patna, by the Sampooran Kranti Express, on the strength of a valid journey ticket. It has been averred that at about 5:30 pm, when the train was heading towards Tilak Bridge, due to push and pull of the passengers as well as owing to a jerk, the appellant slipped from the moving train, resulting in amputation of his right leg. 4. Learned counsel for the appellant contends that the Tribunal failed to appreciate the contemporaneous record in its correct perspective. It is submitted that the DRM/RPF inquiry proceedings, PCR informati