Rajesh & Anr vs Union Of India

Court
Delhi High Court

* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Reserved on : 12.08.2026
Pronounced on : 31.08.2026
Uploaded on : 31.08.2026

# CNR No. DLHC010338742019

+ FAO 335/2019

RAJESH & ANR. .....Appellants
Through: Mr. Rajan Sood, Ms. Ashima
Soodand Ms. Megha Sood,
Advocates

versus

UNION OF INDIA .....Respondent
Through: Mr. Mukul Singh, CGSC with
Mr.Aryan Dhaka and Ms. Priyal
Goswami,Advocates.

CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

JUDGMENT

CM APPL. 37055/2019 (Seeking condonation of delay of 728 days
in filing the appeal)

1. By way of the present application, the applicants/ appellants
seek condonation of delay of 728 days in filing the appeal.
2. Learned counsel for the appellants submitted that the
appellantsare poor and illiterate persons, and belong to an
economically weaker section and, due to paucity of funds, were unable
to get in contact with a counsel and obtain timely legal advice.
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3. It is noteworthy that in “ Mohsina vs. Union of India ” , a Co-
ordinate Bench of this Court condoned a delay of 804 days in filing the
appeal, taking into account the weak economic condition of the
appellant/ claimant. Similarly, this Court in “ Brijesh Kumar and Ors.
2
vs. Union of India ” , allowed the application, and a delay of 1326 days
was condoned, considering the financial hardship of the appellants and
the surrounding circumstances.
4. The Railways Act, 1989 and the Railways Claims Tribunal Act,
1987 arises out of beneficial and social welfare legislation intended to
provide compensation to victims of railway accidents and untoward
incidents. In such matters, a liberal and justice-oriented approach is
required while considering applications for condonation of delay so
that genuine claims are not defeated on technical grounds.
5. Considering the peculiar facts and circumstances of the present
case, and guided by the principle laid down in the aforesaid decisions,
as well as the beneficial nature of the concerned legislation, this Court
finds that the appellants have been able to show sufficient cause for
the delay in filing the present appeal.
6. In view of the aforesaid, the application is allowed and the delay
of 728 days in filing the appeal is condoned.
7. The application is disposed of accordingly.
FAO 335/2019
1. The present appeal has been filed under Section 23 of the
Railway Claims Tribunal Act, 1987 against the judgment dated

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(2017) SCC OnLine Del 10003
2
(2026) FAO 49/2022 (04.04.2026)
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18.04.2017passed by the Railway Claims Tribunal, Principal Bench,
Delhi (hereinafter referred to as the “Tribunal”) in Claim Application
No. OA/II(u)/209/2016 titled as “ Sh. Rajesh & Anr. vs. Union Of
India ”.
2. The brief facts of the case, as set out before the Tribunal, are
that on 29.04.2016, one Sh. Rohit (hereinafter referred to as the
“deceased”) was travelling from Bijwasan to Gurgaon along with his
uncle, Sh. Saheb Singh . It was the case of the appellants that due to
heavy rush, they boarded different compartments of the same train
and, when the train started moving, a sudden jerk caused the deceased
to fall from the moving train at Bijwasan Railway Station, resulting in
his death on the spot. The journey ticket was allegedly lost in the
incident. The body of the deceased was found severely mutilated.
3. Vide the impugned judgment, although the Tribunal held that the
alleged incident qualified as an “untoward incident” as defined under
the Railways Act, 1989 (hereinafter referred to as the “Act”), it
however dismissed the claim application on the ground that the
deceased was not bona fide passenger.
4. Learned counsel for the appellants assailed the finding of the
Tribunal and contended that the deceased was travelling on a valid
journey ticket purchased by his uncle, however, the ticket was lost in
the incident. In this regard, reliance is placed on the well settled law
that mere non-recovery of the ticket does not negate the bonafide
status, and the burden lies on the Railways to prove otherwise.
5. Per contra , learned counsel for the respondent submits that the
no valid journey ticket was recovered. The evidence of his uncle, Sh.
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Saheb Singh , is unreliable as his versions about purchase of tickets and
boarding are inconsistent, and it is unnatural that he would ignore a
chain-pulling immediately after departure and walk away without
enquiring. It was further contended that the very presence of AW-2 in
the train was doubtful and that his subsequent conduct in continuing
with the journey is inconsistent.Lastly it was submitted that having no
authority to travel, the Tribunal was right in holding that the deceased
was not a bona fide passenger.
6. At the outset, it may be noted that the Tribunal has already
returned a categorical finding that the deceased died in an “untoward
incident” within the meaning of the Act. The Tribunal was of the
opinion that a fall while attempting to board the train, whether from
the platform side or the offside, qualifies as an untoward incident. The
place and manner of the fall were not in serious dispute and since the
said finding has not been challenged by the respondent, it has,
therefore, attained finality.
7. The controversy in the present appeal is, therefore, confined to
the issue as to whether the deceased was a bona fide passenger at the
time of the incident.
8. A bare perusal of the record would show that although no ticket
was either recovered or produced, however, it is well settled that mere
non-recovery of a ticket cannot, by itself, be treated as conclusive
against the claim of bonafide passenger status(Ref: “ Union of India v.
3
Rina Devi ” ). This principle was reiterated by the Supreme Court in

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(2019) 3 SCC 572
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“ Lata v. Union of India ” , which further clarified that the initial burden
of the claimant can be discharged by way of an affidavit, and that the
mere absence of a recovered ticket does not alter the deceased’s status
as a bona fide passenger.
Applying the aforesaid principle to the facts of the present case,
AW-2/Sh. Saheb Singh , uncle of the deceased, who accompanied the
deceased on the journey, has specifically deposed that he purchased
two valid tickets for the journey from Bijwasan to Gurgaon and that
he and the deceased boarded the train together. His testimony remains
consistent on the material aspects and no material contradiction has
been brought out in his cross-examination so as to render his version
unreliable. The testimony of AW-1/Sh. Rajesh , father of the deceased
also lends further corroboration to the aforesaid, as he in his affidavit,
has stated that the deceased was travelling from Bijwasan to Gurgaon ,
after purchasing valid journey tickets, with his uncle(AW-2) and that,
due to the sudden jerk of the train, he fell from the moving train and
sustained fatal injuries.
9. This Court is of the considered opinion that the merely because
AW-2 continued his journey after the chain was pulled cannot, by
itself, be regarded as unnatural or sufficient to discredit his testimony.
Having been separated from the deceased due to the rush in the train
and being unaware of the exact circumstances of his fall, it is plausible
that AW-2 continued his journey towards Gurgaon and learnt of the
incident only thereafter. Accordingly, any minor discrepancies in his
evidence do not detract from an otherwise reliable testimony.

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2026 SCC OnLine SC 1350
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10. Accordingly, in view of the well settled law, the consistent
testimonies of the appellant witnesses and the foregoing discussion,
this Court is of the view that the testimony of AW-2 regarding the
purchase of the journey ticket, coupled with the evidence of AW-1,
establishes the deceased’s bona fide passenger status.
11. In view of the above, the impugned judgment is set aside and
the matter is remanded back to the Tribunal, which is requested to
assess the amount of compensation payable to the appellant in
accordance with law and direct the authorities concerned to disburse
the same within two months from the receipt of a copy of this order.
For this purpose, the matter be listed before the Tribunal at the first
instance on 18.09.2026.
12. The appeal is allowed in the above terms.
13. A copy of this judgment be communicated to the learned
Tribunal.

(MANOJ KUMAR OHRI)
JUDGE

AUGUST 31, 2026
na
Signature Not Verified
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By:NIJAMUDDEEN ANSARI
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