Smt. Usha Devi And Ors vs Union Of India
Judges (1)
Parties (2)
Case Significance
Smt. Usha Devi And Ors vs Union Of India is a Delhi High Court decision dated February 26, 2026 (citation: ik-108235602). The appellants challenged the Railway Claims Tribunal's dismissal of their claim for compensation arising from the death of a family member in a railway incident, where the Tribunal had held the deceased was not a bona fide passenger and the incident was not an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1987. The Delhi High Court found that the deceased was travelling as a bona fide passenger and that his death occurred in an untoward incident, holding that the Tribunal The case was heard by Justice Manoj Kumar Ohri. Counsel appearing: Ashima Sood (counsel for appellant), Megha Sood (counsel for appellant), Rajan Sood (counsel for appellant).
Summary
The appellants challenged the Railway Claims Tribunal's dismissal of their claim for compensation arising from the death of a family member in a railway incident, where the Tribunal had held the deceased was not a bona fide passenger and the incident was not an 'untoward incident' under Section 123(c)(2) of the Railways Act, 1987. The Delhi High Court found that the deceased was travelling as a bona fide passenger and that his death occurred in an untoward incident, holding that the Tribunal erred by adopting a technical and speculative approach contrary to settled law. The appeal was allowed, the impugned judgment was set aside, and the matter was remanded to the Tribunal for assessment of compensation.
What was the outcome of Smt. Usha Devi And Ors vs Union Of India?
The appellants challenged the Railway Claims Tribunal's dismissal of their claim for compensation arising from the death of a family member in a railway incident, where the Tribunal had held the decea...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (ik-108235602)