The Delhi High Court has set aside an order of the Railway Claims Tribunal that had denied compensation to the family of a man who died after falling from a moving train near Okhla Railway Station in 2017. The Court held that official railway records clearly showed the deceased was a bona fide passenger travelling with a valid ticket.
Justice Manoj Kumar Ohri observed that the Tribunal failed to properly appreciate the evidence placed on record and wrongly rejected the family’s claim.
Background of the Case
The appeal was filed by Aarti and her family against the Union of India after the Railway Claims Tribunal dismissed their compensation plea on April 10, 2018. The Tribunal had concluded that the deceased was neither a bona fide passenger nor a victim of an “untoward incident” under the Railways Act.
According to the family, Bhim Raj was travelling from Sadar Bazar to Palwal on April 21, 2017, using a valid railway ticket. During the journey, he allegedly fell while trying to get down near Okhla Railway Station and suffered fatal injuries.
The Railways opposed the appeal, arguing that the deceased himself attempted to deboard a moving train and the incident occurred because of his own negligence.
Court’s Observations
The High Court noted that several official records supported the family’s version of events. These included the Daily Diary entry, Detailed Accident Report, jamatalashi proceedings, DRM report and RPF inquiry report.
The Court pointed out that the earliest police entry recorded information that a person had been “cut by a train” near Platform No. 3 at Okhla Railway Station. The Detailed Accident Report also mentioned recovery of a railway ticket from the deceased and described the death as a “train accident.”
Justice Ohri observed,
“Once these foundational facts stand established, the incident clearly falls within the ambit of accidental falling of a passenger from a train carrying passengers.”
The Court further stressed that the railway ticket recovered from the deceased was verified during the inquiry conducted by railway authorities themselves. It found no allegation anywhere in the records suggesting that the ticket was fake, invalid or planted.
Referring to the Supreme Court’s ruling in Union of India v. Rina Devi, the bench said that once recovery of a valid journey ticket is proved through official records, a presumption arises that the passenger was travelling lawfully. The burden then shifts to the Railways to disprove it.
Delay in Filing Appeal Also Condoned
The Court also condoned a delay of 567 days in filing the appeal after taking note of the appellants’ financial difficulties. It observed that laws relating to railway accident compensation are welfare legislations and require a liberal approach so that genuine claims are not rejected on technical grounds.
Decision
Allowing the appeal, the High Court set aside the Tribunal’s 2018 judgment and remanded the matter back to the Railway Claims Tribunal for assessment of compensation payable to the family.
The Tribunal was directed to complete the process and ensure disbursal within two months from receipt of the order.
Case Details
Case Title: Aarti & Ors. v. Union of India
Case Number: FAO 64/2020
Judge: Justice Manoj Kumar Ohri
Decision Date: May 15, 2026
