SHRI. HARISH NARAYAN SUVARNA vs UNION OF INDIA THROUGH GENERAL MANAGER WESTER RAILWAY

Judgment text excerpt

HMK 1 01. FA-1216-2014.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Digitally SAYYED signed by FIRST APPEAL NO. 1216 OF 2014 SAYYED SAEED SAEED ALI ALI AHMED ALI AHMED Date: ALI 2026.02.12 17:45:38 +0530 Harish Narayan Suvarna ….Appellant/Applicant Versus Union Of India, Through General Manager, Western Railway, Mumbai-400 020 .…Respondent/Opponent __________________________________________________________________ Mr. Sainand Chougule for the Appellant/Applicant. Mr. Chetan C. Agrawal a/w. Mr. Rushikesh Bhorania for the Respondent/ Opponent. __________________________________________________________________ CORAM : JITENDRA JAIN, J. DATED : 11th FEBRUARY 2026 JUDGMENT : 1. This Appeal challenges an order of the Railway Claims Tribunal, Mumbai dated 10.03.2014, whereby, the claim made by the applicant seeking compensation under the Railways Act, 1989 for injury came to be rejected on the ground that the injured was knocked down as per various reports mentioned in the impugned order. 2. The issue which arises for my consideration is whether the Tribunal was justified in rejecting the claim of the applicant on ground of no “untoward incident” ? 3. The applicant was working as a Lab Assistant with Bombay Hospital at Marine Lines. On 10.03.2001 at around 00:00 hours, he was waiting on platform no.1 for boarding a train going towards Borivali. As per his statement, he was knocked down, which resulted in the injury being HMK 2 01. FA-1216-2014.doc inflicted. The railway officials first took him to G. T. Hospital and, thereafter, at his instance, was shifted to Bombay Hospital. At Bombay Hospital, the authorities while recording patients history at the time of admission have recorded that the applicant had four large pegs of alcohol before dinner.