FAO 246/2020 (High Court of Delhi, Manoj Kumar Ohri J., decision 15.05.2026) — Appeal under Section 23 of the Railway Claims Tribunal Act, 1987 by Smt. Santar against the Railway Claims Tribunal, Principal Bench, Delhi judgment dated 24.05.2018 dismissing her claim (OA (IIu) 236/2017) for compensation for the death of Sepoy Anil Kumar in an alleged accidental fall from a running train near Hazrat Nizamuddin Railway Station on 15.03.2011. CM APPL. 33496/2020: delay of 832 days condoned, the illiterate, economically weaker appellant having shown sufficient cause (relying on Mohsina vs. Union of India, (2017) SCC OnLine Del 10003). Held: (i) the body initially treated as that of an 'unknown person' was conclusively identified as the deceased; the initial unidentified-body declaration and circular were acts of the Investigating Officer/police and could not by themselves defeat a legitimate statutory claim; (ii) photocopies of journey tickets Nos. 45015384 and 45015385 dated 15.03.2011, specifically pleaded in the claim application and affidavit, established bona fide passenger status, the respondent producing no DRM report or independent railway inquiry to disprove genuineness; (iii) following Union of India v. Rina Devi, (2019) 3 SCC 572, the claimants discharged the initial burden through the claim application, affidavits, ticket particulars and contemporaneous police/medical documents, shifting the burden to the Railways; (iv) investigation deficiencies, including absence of seizure memo, were not a valid ground to non-suit the claimants; (v) the Final Inquest Report recorded a 'train accident', death was in an 'untoward incident', and no material showed the deceased to be a trespasser or attracted the statutory exceptions under the proviso to Section 124-A of the Railways Act, 1989. Impugned judgment set aside; matter remanded to the Tribunal to assess compensation and disburse within two weeks; to be listed before the Tribunal on 28.05.2026. Rajni & Ors. v. Union of India, (2025) INSC 1201, was cited by counsel.
