SMT. TARAMATI UDHAV GAIKWAD vs UNION OF INDIA, THR. GENERAL MANAGER, CENTRAL RAILWAY, MUMBAI

Judgment text excerpt

2026:BHC-AS:15506 Diksha Rane 9 FA 1292 2022-final.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION 9 FIRST APPEAL NO. 1292/2022 SMT. TARAMATI UDHAV GAIKWAD ..APPELLANT VS UNION OF INDIA, THR. GENERAL MANAGER, CENTRAL RAILWAY, MUMBAI ..RESPONDENT ------------ Adv. Vasant More for appellant. Adv. T. J. Pandian a/w. Adv. Gautam Modanwal for respondent. ------------ CORAM : RAJESH S. PATIL, J. DATE : 24 FEBRUARY 2026. ORAL JUDGMENT : 1) The present first appeal has been filed u/s. 23 of the Railway Claims Tribunal Act, 1987, challenging the impugned judgment and order dated 24/9/2019, passed by the Railway Claims Tribunal, Mumbai IInd Bench, Mumbai (for short ‘the Tribunal’), dismissing the Claim Application No.OA (IIU) MCC/2015/0380. 2) The appellant had filed Claim Application before the Tribunal claiming compensation on account of death of her son - Mahadev Udhav Gaikwad, who died in the untoward incident on 30/8/2014. The Tribunal dismissed the Claim Application No.OA (IIU) MCC/2015/0380, on 24/9/2019. Hence, the appellant is challenging 1 Diksha Rane 9 FA 1292 2022-final.doc the impugned judgment and order passed by the Tribunal by way of first appeal before this Court. 3) The appellant’s case is that on 26/8/2014, the deceased Mahadev Udhav Gaikwad was traveling from Mankhurd Railway Station to Kurla Railway Station, when he accidentally fell down between Mankhurd and Govandi railway stations from the running local train due to which he sustained head injuries. He was taken to the Shatabdi Hospital by public, where on duty doctor examined him and directed to shift him to the Sion Hospital for better treatment. He was shifted to the Sion Hospital. However on 30/8/2014, while he was under treatment, he died. 4) The appellant as depandant, ther