SMT. BHARATHI MOHAN SONAWANE AND ORS. vs UNION OF INDIA, THROUGH THE GENERAL MANAGER, MUMBAI

Judgment text excerpt

DIKSHA RANE/KVM 19 FA 1240 2022.doc Digitally signed by IN THE HIGH COURT OF JUDICATURE AT BOMBAY KANCHAN KANCHAN VINOD VINOD MAYEKAR MAYEKAR Date: 2026.04.02 CIVIL APPELLATE JURISDICTION 19:05:20 +0530 FIRST APPEAL NO. 1240/2022 1. SMT. BHARATHI MOHAN SONAWANE ) AGE YEARS ) 2. MISS. PRAMILA MOHAN SONAWANE ) AGE YEARS ) 3. MISS YOGITA MOHAN SONAWANE ) AGE YEARS ) ALL R/O JAIN GALLI, ) AT AND POST DHARANGAON ) TALUKA – DHARANGAON, ) DISTRICT – JALGAON, MAHARASHTRA ) ..APPELLANTS VS UNION OF INDIA, ) THROUGH THE GENERAL MANAGER, ) WESTERN RAILWAY, CHURCHGATE, ) MUMBAI – 400 020 ) ..RESPONDENT ------------ Adv. Mohan Rao for appellants. Adv. Niranjan Prabhakar Shimpi for respondent – UOI. ------------ CORAM : RAJESH S. PATIL, J. RESERVED ON : 24 FEBRUARY 2026. PRONOUNCED ON: 2 APRIL 2026. JUDGMENT : 1) The present first appeal is filed u/s.23 of the Railway Claims Tribunal Act, 1987, challenging the impugned judgment and order dated 5/3/2021 passed by the Railway Claims Tribunal, Mumbai 1 DIKSHA RANE/KVM 19 FA 1240 2022.doc Bench, Mumbai (for short ‘the Tribunal’), in OA (II u)/MCC/1223/2013. 2) The appellants filed Claim Application before the Railway Tribunal. It was the appellants’ case that the husband of the appellant no.1 was travelling as a bonafide passenger from Mumbai Central to Borivali station, on the strength of a second class Railway Privilege Free pass and he accidentally fell down from a running train, thereby sustaining head injuries due to which he died. 3) The Railways filed their reply to the Claim Application and submitted that in the DRM Report dated 16/10/2009, on duty SS/BCT (M) received information that one unknown male lying dead at Km.no.5/104b near point no.126 Platform no.05 at Mumbai Central Railway Station. The Station Master did not mention