FAO 159/2018, High Court of Delhi (Manoj Kumar Ohri, J.; reserved 08.05.2026, pronounced 14.05.2026): Appeal under Section 23 of the Railway Claims Tribunal Act, 1987 by Mamta Malik & Ors. against Union of India & Anr., assailing the Railway Claims Tribunal, Principal Bench, Delhi judgment dated 02.11.2017 (Claim Application No. OA/II(u)/20/2017) dismissing compensation for the death of Sanjay Malik, who on 22.10.2016 allegedly fell from a train near Ghaziabad Railway Station while travelling on a valid journey ticket towards Sadar Bazaar, Delhi, and died on the spot. Held: (i) the official record — Station Master Memo dated 22.10.2016 reporting a person run over near Delhi End Starter, Line No. 7, and the GRP inquest locating the body between Main Line No. 7 near Pole Nos. 19/20A-19/22 — established a railway accident connected with railway movement within railway premises; (ii) no eyewitness or direct evidence showed trespass, negligent crossing or intentional entry, the cause of accident being recorded as 'unknown', so the inquiry's inference that the deceased was victim of his 'own negligence' was inferential and unsupported; (iii) given Train No.12301 Howrah Rajdhani Express's passage through Main Line No. 7 at approximately 9:50 AM at nearly 100 kmph and the subsequent goods-train sighting and 10:20-hour memo, the record left open the entirely plausible possibility of an accidental fall from a moving train followed by run-over by another passing train, and the claimants could not be nonsuited for the Railways' failure to conclusively determine the precise manner of occurrence; (iv) the respondent failed to establish any statutory exception under the proviso to Section 124-A — no evidence of suicide, self-inflicted injury, intoxication, insanity or criminal act, the defence resting merely on assumptions from the condition and location of the body; (v) relying on Union of India v. Rina Devi, (2019) 3 SCC 572, death or injury while boarding or deboarding a train is an 'untoward incident' and will not fall under the proviso merely on the plea of the victim's negligence, the expression 'accidental falling of a passenger from a train carrying passengers' deserving liberal interpretation; (vi) the admitted recovery and railway verification of valid ticket No.64358679 fully discharged the appellants' burden on bona fide travel, shifting the burden to the respondent, who failed to discharge it; the RPF 'daily commuter'/Monthly Season Ticket reasoning could not override the admitted ticket recovery. Consequently the death was held to be an untoward incident within Section 123(c) read with Section 124-A of the Act and the deceased a bona fide passenger; the Tribunal's findings were contrary to the contemporaneous official record. The impugned judgment dated 02.11.2017 was set aside and the matter remanded to the Tribunal to assess compensation payable to the appellants in accordance with law and disburse it within two months (listing on 28.05.2026); the appeal was allowed and disposed of.
