MURLIDHAR POSHA GADMALE AND ANR. vs UNION OF INDIA, THROUGH GENERAL MANAGER OF CENTRAL RAILWAY

Judgment text excerpt

Digitally signed by ANANT ANANT KRISHNA 3.FA.317.2021 (R-C) C1.doc KRISHNA NAIK NAIK Date: 2025.08.04 20:06:23 IN THE HIGH COURT OF JUDICATURE AT BOMBAY +0530 CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 317 OF 2021 1. Mr. Murlidhar Posha Gadmale ) Age – 54 Years, Father of Deceased ) 2. Mrs. Vijaya Murlidhar Gadmale ) Age – 49 years, Mother of Deceased ) R/o. B/201, Hemadi Residency Co. Op. Soc. ) Plot No. 3A, Sector No. 11, Kamothe, ) Navi Mumbai ) ...Appellants Versus Union of India, ) Through General Manager, Central Railway ) C.S.M.T., Mumbai – 400 001 ) ...Respondent **** Mr. Balasaheb Deshmukh a/w. Mr. D.T. Ajagekar for the Appellants. Mr. Mohamedali M. Chunawala for Respondent. **** CORAM : M. M. SATHAYE, J. DATED : 31st JULY 2025 JUDGMENT: 1. This Appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 (‘the Act of 1987’ for short), challenging the judgement and order dated 05/03/2021 passed by the Railway Claims Tribunal, Mumbai Bench, Mumbai in Claim Application No. OA(IIu)/MCC/0094/2014. By the said impugned order, the claim filed by the Appellants for compensation towards death of their deceased son – akn 1/11 3.FA.317.2021 (R-C) C1.doc Sagar Murlidhar Gadmale, is dismissed. 2. The Appellants are parents of the deceased. It is the case of the Appellants that on 27.08.2013, deceased was travelling by a local train from Dadar to Mansarovar railway station, on the strength of a valid second class railway ticket, when at about 23.10 hrs, the local train reached between Mankhurd and Vashi railway station, due to the rush in the local train and push of the other passengers in the compartment, the deceased accidentally fell from running train and died, before he could be admitted to hospital. Deceased was unmarried and was 20 years old. 3. The R