SHRI. DURGAIAH KOMURAVELLI vs UNION OF INDIA

Judgment text excerpt

ppn 1 44.fa-490.16.doc Digitally signed IN THE HIGH COURT OF JUDICATURE AT BOMBAY by PRACHI PRACHI PRANESH PRANESH CIVIL APPELLATE JURISDICTION NANDIWADEKAR NANDIWADEKAR Date: 2026.04.15 18:16:34 +0530 FIRST APPEAL NO.490 OF 2016 1. Durgaiah Komuravelli Aged 54 years, 2. Smt. Buchavva Komuravelli Aged 49 years, Room No.322/26, premana Chawl, Anand Gadh, Park Site, Vikhroli (W), Mumbai – 400 079. ….Appellants (Original Claimants) V/s. Union of India Through General Manager, Central Railway, Having his office at G. M. Building, 2nd Floor, CST Mumbai, Mumbai – 400 001. .…Respondent (Original Respondent) ---- Mr. Vaneet Khosla for the appellants. Mr. T. J. Pandian a/w Mr. Gautam Modonwal and Mr. Prasad Sawant for the respondent. ---- CORAM : JITENDRA JAIN, J. DATED : 15 April 2026 Judgment : 1. This appeal is filed by the original claimants challenging an order passed by the Railway Claims Tribunal, Mumbai dated 7 January 2015, whereby the claim for compensation has been dismissed primarily on the ground that the incident does not fall within the definition of an “untoward incident” as defined under Section 123 of the Railways Act, 1989. 2. On 24 September 2010, Mr. Srinivas Komuravelli, while travelling at ppn 2 44.fa-490.16.doc around 11:30 p.m. from Dockyard Road railway station to Vikhroli railway station, met with an accident at Sewri railway station and died. The parents of Mr. Srinivas, thereafter, filed an application for compensation under the Railways Act, 1989 which came to be dismissed. It is on this background that the present appeal is filed. 3. I have heard Mr, Khosla, learned counsel for the appellants and Mr.Pandian, learned counsel for the respondent. 4. Insofar as the recovery of ticket is concerned, the inquest panchnama prepared on the date of the incid