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Vijay Singh vs. Union of India (Ministry of Railway)

First Appeal from Order · 2026:DHC:8334Decided 25 Sept 2026New Delhi Bench
FAO 111/2019CNR: DLHC010149142019
Justice Manoj Kumar Ohri

Background

Vijay Singh, travelling on a valid ticket from Delhi Cantt. to Bandikui, lost both legs above the knee after falling on the tracks and being run over by a goods train while the passenger train was moving from Palam Railway Station. The Railway Claims Tribunal had dismissed his compensation claim, holding he was not a "bona fide passenger" and that the incident was not an "untoward incident" under the Railways Act.

Decision Breakdown

The High Court held that possessing a valid ticket discharges the initial burden of proving passenger status, and that mere negligence in boarding, even from the "off-side" of a moving train, does not amount to a "self-inflicted injury" excluding compensation, relying on the Supreme Court's ruling in Union of India v. Rina Devi. It found the Tribunal had wrongly inferred deliberate risk-taking from witness accounts of two people who observed the incident from 90-125 metres away, and noted that a contemporaneous AIIMS medical record described the injury as sustained "while trying to board the train." The Tribunal's judgment was set aside and the matter remanded for assessment of compensation, to be disbursed within two months of the Tribunal's order.

Lesson Learnt

Under the no-fault compensation scheme for railway accidents, a valid ticket-holder injured while attempting to board a train, even carelessly, is generally entitled to compensation unless the railway can show a deliberate, conscious exposure to danger, not mere negligence.

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