SMT. MANGAL BHANUDAS THOMBARE vs UNION OF INDIA, THROUGH THE GENERAL MANAGER,

Judgment text excerpt

2026:BHC-AS:9346 Sayyed 53-FA.721.2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.721 OF 2018 Mangal Bhanudas Thombare Age : 54 years, R/O Thigale Chawl, Mohan Nagar, Near Paramarth Niketan Mandir, Chinchwad, Pune Pin – 411 019, State – Maharashtra ...Appellant Versus Union of India, Through 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 by the original applicant to challenge order dated dated 28 February 2018 passed by the Railway Claims Tribunal, Mumbai (Tribunal). 2. The Tribunal dismissed the application on the ground that the deceased died because of his own negligence while saving life of his brother’s wife, who was falling down from train when all of them were about to board Sahyadri Express from “Pimpri” Railway Station to reach their destination “Bhilavdi” Railway Station. According to the Tribunal, this does not amount to an “untoward incident”. 3. Mr. Rao, learned counsel for the appellant submits that the deceased along with his family members and relatives purchased tickets 1 of 4 Sayyed 53-FA.721.2018.doc at Pimpri Railway Station for travel to Bhilavdi by Sahyadri Express. While the train arrived at Pimpri Railway Station all of them started boarding the train, but the train started immediately and the brother's wife of the deceased was falling down. The deceased, to save the brother’s wife and to board the train met with the accident and both fell from the platform and came under the wheels of the train and sustained injurie