SMT. SUMAN MADHAV DHAKE vs THE UNION OF INDIA, REPRESENTED BY THE GENERAL MANGER,

Judgment text excerpt

2026:BHC-AS:18669 Sayyed 49-FA.539.2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.539 OF 2016 Suman Madhav Dhake Age – 70 years, residing at Laxmi Nagar, Behind Ladies Hostel, Yawal Road, Faizpur, Taluka : Yawal, Dist – Buldhana, State : Maharashtra ...Appellant (Original applicant) Versus The Union of India, Represented by the General Manager, Central Railway, Mumbai : CST ...Respondent (Original respondent) _____________________________________________________ Mr. Mohan Rao for the Appellant. Mr. T. J. Pandian a/w Mr. Gautam Modanwal & Mr. Prasad Sawant for the Respondent. _____________________________________________________ CORAM : JITENDRA JAIN, J. DATE : 20 APRIL 2026 JUDGMENT: 1. This appeal is filed by the original applicant to challenge the order of the Railway Claims Tribunal, Mumbai (for short ‘Tribunal’) dated 9 March 2015, whereby the application came to be rejected primarily on the ground that the incident did not fall within the meaning of the term “untoward incident” as defined under Section 123 of the Railways Act, 1989. There is a finding in the Tribunal’s order that the original ticket was recovered and same was recorded in the inquest panchnama and also filed with the application. 2. Being aggrieved by the above dismissal, the original applicant has filed the present appeal in this Court. 1 of 4 Sayyed 49-FA.539.2016.doc 3. I have heard Mr. Rao, learned counsel for the original applicant-appellant and Mr. Pandian, learned counsel for the respondent-railways. 4. The deceased was a doctor by profession and had come to Mumbai for giving his D.G.O. exam. On 17 October 2007, the deceased purchased a railway ticket at around 9:30 pm to go back from Mumbai CST to Bhusawal. The ticket is at page 10 of the comp