Smt. Misal and Others vs U.O.I. Thru. General Manager, North Eastern Railway, Gorakhpur — Allahabad HC (2025) — LawSathi Research

Smt. Misal and Others vs U.O.I. Thru. General Manager, North Eastern Railway, Gorakhpur — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Admission-stage order only: the court held the matter 'requires consideration' and admitted the F.A.F.O.; notice to the respondent was ordered returnable at an early date; the lower court record was directed to be summoned; steps within a week; matter listed on 15.01.2026. No adjudication on merits.

Issue for consideration

Whether the death of the deceased resulted from an untoward accident — an accidental fall from a moving train — within the meaning of Sections 123(c)(2) and 124-A of the Railway Act, 1989, so as to entitle the claimants to compensation (the basis on which appellants contest the Tribunal's dismissal and its restrictive reading of 'untoward accident'). +1 more

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench, Court No. 19), single Judge (Hon'ble Ram Manohar Narayan Mishra, J.), 13.11.2025 — First Appeal From Order No. 485 of 2025 under Section 23 of the Railway Claims Tribunal Act, 1987 by Smt. Misal and Others (claimants) against U.O.I. through General Manager, North Eastern Railway, Gorakhpur, challenging the judgment/order dated 26.09.2025 of the Railway Claims Tribunal, Lucknow Bench, Lucknow in Claim Application No. OA.II/U/LKO/892/2014, which had dismissed their compensation claim for the death of the deceased allegedly caused by an untoward accident (fall from a running train) on/about 30.03.2014. Appellants contended that the Tribunal misconstrued the oral and documentary evidence, wrongly concluded that the valid journey ticket recovered from the body was 'planted' because its purchase print (31.03.2015 at around 02:42 hrs, as printed) post-dates the postmortem time of death (around 22:00 hrs on 30.03.2014), overlooked the G.R.P. Kashganj inquest finding (panch witnesses and SI opining death by fall from the train) and the verification of the ticket by the Commercial Superintendent, N.E. Railway, Kashganj (placed by the IO in the D.R.M. report), took quoted evidence out of context, and erroneously gave a restrictive meaning to the accidental fall from a moving train contrary to Sections 123(c)(2) and 124-A of the Railway Act, 1989; reliance was urged on Sudha Singh and others v. Union of India, 2010 ACJ 2881 (burden on the respondents/railway to prove the deceased was a ticketless traveller) and on Dolly Rani Shah v. Union of India (Apex Court, Civil Appeal No. 8605 of 2024, SLO (C) No. 32962 of 2018, as printed). Finding the matter to require consideration, the Judge admitted the appeal, ordered notice to the respondent returnable at an early date, summoned the lower court record, directed steps within a week, and listed the matter on 15.01.2026. Admission-stage order; no issue framed and no merits holding by this court.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

FIRST APPEAL FROM ORDER No. - 485 of 2025

Smt. Misal And Others

.....Appellant(s)

Versus

U.O.I. Thru. General Manager, North Eastern Railway, Gorakhpur

Railway, Gorakhpur .....Respondent(s) Counsel for Appellant(s) : Pradeep Kumar Singh, Amit Kumar, Amrita Singh Counsel for Respondent(s) :

Court No. - 19

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

The instant F.A.F.O. under Section 23 of the Railway Claims Tribunal Act, 1987 has been preferred against the judgment and order dated 26.09.2025 passed by learned Railway Claims Tribunal, Lucknow Bench, Lucknow in Claim Application No. OA.II/U/LKO/892/2014 whereby the claim petition filed by the claimants/appellants has been dismissed being found to be devoid of merits.

Heard learned counsel for the appellants and perused the record.

Learned counsel for the appellant submits that the Tribunal has misconstrued and mis-appreciated the evidence both oral as well as documentary and has incorrectly arrived at the conclusion that he deceased though had a valid ticket the same has been planted on the dead body as it appears to be purchased on 31.03.2015 at at around 02.42 hours whereas according to postmortem, the death occurred at around 22.00 hrs on 30.03.2014.

He next submitted that time of death mentioned at postmortem report is premature and no exactness can be recorded to it. The inquest report conducted by G.R.P. Kashganj where in panch witnesses as well as SI conducting inquest opined that the deceased died due to falling down from the train. The railway journey ticket recovered from the body of the deceased was verified by Commercial Superintendent N.E. Railway

FAFO No. 485 of 2025

2

Kashganj and was placed by the Investigating Officer in the report of D.R.M.

Learned Tribunal has failed to consider the statement given by appellant and by quoting the evidence out of contest and in isolation,without reading the complete evidence has resulted in miscarriage of justice. Learned Tribunal below has failed to appreciate the legislative intent which is enacted in the provision of Section 123(c) (2) and 124-A of the Railway Act, 1989. The Tribunal has erred in giving the restrictive meaning to the accidental fall of the deceased from a moving train. Learned Tribunal has failed to consider the positive evidence adduced in support of the claim of the petitioner that death occurred due to an untoward accident.

Learned counsel for the appellants has placed reliance in the case of Sudha Singh and others Vs. Union of India , reported in 2010 ACJ, 2881 wherein it has been held that the burden lies on the respondents to prove that the deceased was ticketless traveler.

Learned counsel for the applicant has also placed reliance on the judgment of Hon'ble Apex Court in the case of Dolly Rani Shah Vs. Union of India passed in Civil Appeal No. 8605 of 2024 SLO (C) No. 32962 of 2018 in support of appeal.

The matter requires consideration.

Admit.

Issue notice to respondent returnable at an early date.

Summon the lower court record.

Steps be taken within a week.

List on 15.01.2026.

(Ram Manohar Narayan Mishra,J.)

November 13, 2025 dk/

Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench