SHRI. DILIP BABURAO KARAPE vs UNION OF INDIA, THROUGH THE GENERAL MANAGER

Judgment text excerpt

2026:BHC-AS:9349 Sayyed 55-FA.1386.2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1386 OF 2019 Dilip Baburao Karape Age : 53 years, residing at Mahadev Nagar, Khalchi Pet, Igatpuri, District – Nasik, Pin – 422 402 ...Appellant Versus The Union of India, Represented by the General Manager, Central Railway, Mumbai CSMT – 400 001 ...Respondent _____________________________________________________ Mr. Mohan Rao for the Appellant. Ms. Leena Patil for the Respondent. _____________________________________________________ CORAM : JITENDRA JAIN, J. DATE : 23 FEBRUARY 2026 JUDGMENT: 1. This appeal is filed against the order dated 31 January 2019 passed by the Railway Claims Tribunal, Mumbai (Tribunal). 2. The Tribunal has dismissed the original application for compensation on account of injury on the ground that the injured was not a “bona fide passenger” since ticket was not found, and secondly, “untoward incident” was on account of negligence of the injured person. 3. I have heard learned counsel for the appellant and the respondent. 4. The injured was travelling in night from Igatpuri to Nashik on 13 January 2011 and had boarded Mumbai-Howrah Mail Express Train, second class unreserved compartment. The incident happened between 1 of 3 Sayyed 55-FA.1386.2019.doc Igatpuri and Ghoti Railway Stations. Due to heavy rush, the injured slipped and fell down from the train which led to amputation above high thigh and other multiple injuries. 5. Admittedly, the ticket was not found but the injured person has filed an affidavit before the Tribunal stating that he had purchased the ticket to travel from Igatpuri to Nashik. The statement made on the affidavit has not been controverted. In the cross-examination, nothing has come out to prove