U.O.I. Thru. General Manager North Central, Railway, Prayagraj vs Mohini Giri and 4 Others — Allahabad HC (2026) — LawSathi Research

U.O.I. Thru. General Manager North Central, Railway, Prayagraj vs Mohini Giri and 4 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Admission-stage order only; substantive merits left open. Appeal admitted; Trial Court record summoned; notice issued to the respondents returnable at an early date, with steps for service of notice to be taken within seven working days and listing after receipt of notice. Interim direction: the appellant to deposit the entire amount of compensation along with upto-date interest, after adjusting the statutory amount already deposited, before the Tribunal concerned within six weeks; upon deposit, the sum to be invested in a nationalized bank by way of fixed deposit, subject to further orders in this appeal. Till the next date of listing, no coercive measures to be taken against the appellant pursuant to the impugned judgment and award dated 27.11.2025; release of the remaining amount subject to further orders of this Court.

Issue for consideration

Whether the Railway Claims Tribunal erred in law in relying upon the affidavits of AW-1 and AW-2 to hold that the deceased was a bona-fide passenger without considering material on record contradicting the witnesses' statements, and in failing to draw an adverse inference against the claimants for withholding a material witness whose earlier statement directly contradicted the case presented before the Tribunal, thereby rendering the finding perverse. +1 more

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (Lucknow Bench), Court No. 19; Hon'ble Syed Qamar Hasan Rizvi, J.; order dated April 3, 2026. FAFO No. 355 of 2026: Union of India (through General Manager, North Central Railway, Prayagraj) versus Mohini Giri and 4 others. Admission-stage first appeal under Section 23 of the Railway Claims Tribunal Act, 1987 against the award dated 27.11.2025 of the Railway Claims Tribunal, Lucknow in Case No. OA/II/U/LKO/09/2023 (Mohini Giri and others Vs. Union of India), whereby compensation was granted on the Tribunal's finding, resting on the affidavits of AW-1 and AW-2, that the deceased was a bona-fide passenger. Grounds urged by the appellant: (i) there was no documentary proof of ticket for the Mathura-New Delhi journey during which the alleged incident occurred; (ii) the Tribunal failed to draw an adverse inference against the claimants for withholding a material witness whose earlier statement directly contradicted the case presented before it, rendering the finding perverse and unsustainable; (iii) the award travels beyond the statutory framework governing compensation for untoward incidents and grants strict liability compensation in absence of conclusive proof of lawful travel. Orders passed: appeal admitted; Trial Court record summoned; notice to the respondents; appellant to deposit the entire compensation with upto-date interest, adjusting the statutory deposit, within six weeks, such deposit to be placed in fixed deposit with a nationalized bank subject to further orders; no coercive measures against the appellant till the next date of listing; release of the remaining amount subject to further orders. No merits decided; no precedent cited; compensation quantum not stated in this order.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

FIRST APPEAL FROM ORDER No. - 355 of 2026

U.O.I. Thru. General Manager North Central, Railway, Prayagraj

.....Appellant(s)

Versus

Mohini Giri And 4 Others

	.....Respondent(s)
Counsel for Appellant(s)	: Harsha Yadav
Counsel for Respondent(s)	:

Court No. - 19

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Ms. Harsha Yadav, learned counsel for appellant and perused the material available on record.

By means of the present appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987, the appellant has challenged the award dated 27.11.2025 passed by learned Railway Claims Tribunal, Lucknow in CAse No. OA/II/U/LKO/09/2023 (Mohini Giri and others Vs. Union of India) on the ground that learned Tribunal has erred in law in relying upon the affidavits of AW-1 and AW-2 to hold that the deceased was a bona-fide passenger without taking into consideration the material available on record that contradicts the statements of the witnesses, inasmuch as, the learned Tribunal failed to draw an adverse inference against the claimants for withholding a material witness whose earlier statement directly contradicted the case presented before the Tribunal, thereby rendering the impugned finding perverse and unsustainable in the eyes of law.

It is contended on behalf of the appellant that the learned Tribunal has erred in law in holding that the deceased was a bona-fide passenger despite there being no documentary proof of ticket for Mathura-New Delhi journey during which the alleged incident occurred.

The second leg of argument as advanced by learned counsel for appellant is that the impugned award travels beyond the statutory

FAFO No. 355 of 2026

2

framework governing compensation for untoward incidents and grants strict liability compensation in absence of conclusive proof of lawful travel, thereby warranting interference under Section 23 of the Railway Claims Tribunal Act, 1987.

In view of above, the matter requires consideration.

Admit.

Summon the Trial Court record.

Issue notice to the respondents returnable at an early date.

Steps for service of notice be taken within seven working days.

List after receipt of service of notice.

In the meantime, the appellant shall deposit the entire amount of compensation along with upto date interest, after adjusting the statutory amount deposited, in pursuance of the impugned judgement and award dated 27.11.2025 passed by learned Railway Claims Tribunal, Lucknow in Case No. OA/II/U/LKO/09/2023 (Mohini Giri and others Vs. Union of India) before the Tribunal concerned within six weeks from today. Upon deposit of the aforesaid amount, the same shall be invested in a nationalized bank by way of fixed deposit, which shall be subject to further order passed in this appeal.

It is hereby provided that till the next date of listing, no coercive measures shall be taken against the appellant, pursuant to the impugned judgment and award dated 27.11.2025.

Release of the remaining amount shall be subject to further orders that may be passed by this Court in the instant appeal.

(Syed Qamar Hasan Rizvi,J.)

April 3, 2026 Virendra

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