Beneficial Legislation: Railway Claims Not Denied for Procedural Lapses; Ticket Non-Recovery Not Fatal

1. Case Snapshot

• Case Name: Surendra Prasad & Anr. vs Union of India

• Citation: 2026:DHC:5809

• High Court: High Court of Delhi

• Bench: Hon'ble Mr. Justice Manoj Kumar Ohri

• Date of Decision: July 21, 2026

• Area of Law: Railway Claims – Section 23 of Railway Claims Tribunal Act, 1987; Sections 123(c) and 124A of Railways Act, 1989

2. Judgment in Brief

The Delhi High Court allowed an appeal against the Railway Claims Tribunal's dismissal of a compensation claim. The Tribunal had rejected the claim on grounds that the deceased was not proved to be a bona fide passenger (as the ticket was not initially recovered) and that the death was not established as an "untoward incident" (due to absence of inquest/post-mortem). The High Court set aside the Tribunal's order, holding that non-recovery of the ticket is not fatal per Union of India v. Rina Devi, and the initial burden on claimants was discharged. The absence of formal investigation cannot be visited upon claimants. The matter was remanded for compensation assessment.

3. Relevant Facts

• On November 24, 2013, the deceased purchased a second class journey ticket and boarded Kaifiyat Express from Delhi to Akbarpur.

• While the train was app

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