SMT. ASHRAPPA YELLAPPA BHENDARI AND ANR. vs UNION OF INDIA, THROUGH THE GENERAL MANAGER

Judgment text excerpt

HMK 36. FA-358-2020.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 358 OF 2020 Digitally SAYYED signed by 1) Ashrappa Yellappa Bhandari ) SAEED SAYYED SAEED ALI ALI AHMED ALI AHMED Date: 2026.04.04 ALI 13:17:25 +0530 2) Satyamma Ashrappa Bhandari ) All R/o. : Jyoti nagar Zopadpatti, ) Samta Nagar, Near Ahiregaon, ) Dombivli (East), District Thane. ) ….Appellants [Org. Applicants] Versus Union Of India, Through The General Manager, Central Railway, CST, Mumbai .…Respondent [Org. Respondent] __________________________________________________________________ Mr. Mohan Rao for the Appellants. Mr. T. J. Pandian a/w. Mr. Gautam Modanwal & Mr. Prasad Sawant for the Respondent. __________________________________________________________________ CORAM : JITENDRA JAIN, J. DATED : 02nd APRIL 2026 JUDGMENT : 1. This appeal challenges an order passed by the Railway Claims Tribunal, Mumbai (Tribunal) on 30th April, 2019, whereby, the original application for compensation came to be dismissed only on the ground that the accident does not meet the requirement of “untoward incident”, as contemplated by the Railways Act, 1989. Insofar as, other findings are concerned, they are in favour of the applicant. 2. On 29th January, 2012, Late Mr. Balkrishna Bhandari working as a salesman, was travelling from Kalyan to Dombivli at around 6.00 p.m. in 1 of 6 HMK 36. FA-358-2020.doc local train. He met with an accident, while travelling in train, between Thakurli and Dombivli Station. Mr. Balkrishna Bhandari died in the incident and, therefore, the dependents made an application for compensation to the Tribunal, which came to be rejected. It is on this backdrop that the present appeal is filed by the original applicant. 3. I have heard Mr. Rao, learned co