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Consumer RightsDelhi High Court

Tara Devi & Ors. vs. Union of India

First Appeal from Order · CNR No. DLHC010150622022Decided 1 Oct 2026New Delhi Bench
FAO 97/2022CNR: DLHC010150622022
Justice Manoj Kumar Ohri

Background

The appellants are the claimants seeking compensation for a man whose death was said to have been caused when he fell from a passenger train and was then run over by another train. The Railway Claims Tribunal rejected their compensation claim, finding that the death was not an "untoward incident" under Section 123(c)(2) of the Railways Act. The appeal was filed 120 days late, and the appellants relied on the Supreme Court's COVID-era extension of limitation.

Decision Breakdown

The Court condoned the delay, finding sufficient cause in the Supreme Court's limitation-extension order. On the merits it dismissed the appeal: railway records showed the passenger train had halted at Platform No. 3, and the deceased was later found run over on the adjoining UP main line. The appellants had not shown, on the evidence, that the deceased first fell from the passenger train in the manner alleged. The Tribunal's finding was therefore not interfered with.

Lesson Learnt

To claim compensation for a death on a train, the family must show the person was actually travelling on the train and fell from it, not merely that they died near a train. Official railway records carry significant weight.

Tara Devi & Ors. vs. Union of India – Legal Case Shots | LegalAware