SHRI. BALAJI PURBHAJI KAPALE AND ORS. vs UNION OF INDIA THROUGH THE GENERAL MANAGER

Judgment text excerpt

FA-508-16 (R-C) C2.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 508 OF 2016 1. Mr. Balaji P. Kapale, aged 47 Years 2. Nirmala Balaji Kapale, aged 42 years Residing at, Chinar Banglow, Plot No. 154/A, Yashwant Nagar, Talegaon, Dhabade, Taluka Maval, District – Pune - 410507 ...Appellants Versus Union of India through the General Manager Central Railway, CST, Mumbai – 400 001 ...Respondent SNEHA NITIN **** CHAVAN Digitally signed Mr. Kuldip Singh for the Appellants. by SNEHA NITIN CHAVAN Mr. T.J. Pandian a/w Ms. Prajakta Joshi, Mr. Gautam Modanwal and Ms. Date: 2025.08.01 16:05:13 +0530 Noorjahan Khan for Respondent/ UOI. **** CORAM : M.M. SATHAYE, J. DATE : 31st JULY, 2025 JUDGMENT : 1. This appeal is filed under Section 23 of the Railways Claims Tribunal Act, 1987 challenging the Judgment and Order dated 13.10.2014 passed in Claim Application No. OA(IIu)/MCC/2012/0087 by Railway Claims Tribunal, Mumbai Bench, Mumbai. By the said impugned order the claim is rejected and dismissed. 2. Few facts necessary for disposal of this Appeal are as under. The Appellants are parents of the deceased Nikhil Balaji Kapale, who fell down from local train carrying passenger between Talegaon and Chinchwad railway station on 03.11.2007. It is the case of the Appellants that deceased Nikhil was travelling with IInd class season Sneha Chavan 1/9 FA-508-16 (R-C) C2.doc ticket and fell down from running train at Ravet bridge between Dehu Road and Akurdi railway station, due to sudden push by other passengers. It is contended that his body remained undetected in the tall grass and bushes and was ultimately found on 10.11.2007. 3. The Respondent/railway contested the application by denying all allegations. It is contended that the deceased was trave