* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 29.01.2026 Pronounced on : 26.02.2026 Uploaded on : 26.02.2026 + FAO 112/2021 SMT. USHA DEVI AND ORS .....Appellants Through: Mr. Rajan Sood, Ms. Ashima Sood, Ms. Megha Sood, Advocates.

versus UNION OF INDIA .....Respondent Through: None.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

JUDGMENT

1. The present appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987, assailing the judgment/order passed by the Railway Claims Tribunal, Principal Bench, Delhi titled as ‘Smt. Usha Devi & Ors. v.

Union of India’.

2. Vide the judgment dated 21.05.2019 in Case no. OA- IIu/GZB/2017/144, the Tribunal dismissed the claim application on the ground that the deceased was not proved to be a bona fide passenger and that the alleged incident was not an “untoward incident” as defined under Section

123(c)(2) of the Railways Act, 1987 (hereinafter referred to as “Act”). Subsequently, a review application was filed by the claimant which came to be dismissed vide order dated 20.12.2019 in Review/GZB/2019/15/OA/GZB on the grounds that the absence of counsel due to strike and the alleged improper appreciation of evidence did not constitute a