SMT. VASANTI PARSOTTAM PATEL AND ANR. vs UNION OF INDIA THROUGH THE GENERAL MANAGER,

Judgment text excerpt

ppn 1 47.fa-143.16(j).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Digitally signed by PRACHI PRACHI PRANESH PRANESH NANDIWADEKAR NANDIWADEKAR Date: 2026.01.28 FIRST APPEAL NO.143 OF 2016 16:33:41 +0530 1. Vasanti Parsottam Patel Age: 52 years, Widow of the deceased 2. Mrs. Urvashi Ravi Jugran Aged about 33 years, Daughter of the deceased Both residing at : Gulmohar Heritage, 6 Flat B/403, Kharodi Naka, Bolinj, Virar (W), Dist. Thane ….Appellants (Original Applicants) V/s. Union of India through the General Manager, Western Railway, Churchgate, Mumbai – 400 020 .…Respondent (Original Respondent) ---- Mr. Avadhut P. Bidaye for the Appellants. Mr. Suresh Kumar for the Respondent. ---- CORAM : JITENDRA JAIN, J. DATED : 27 January 2026 Judgment : 1. This appeal is filed by the original applicants challenging the order dated 29 September 2014 passed by the Railway Claims Tribunal, Mumbai whereby the claim of the original applicants came to be rejected on the ground that the reason for the deceased dying was on account of self inflicted injury and not on account of an “untoward incident.” 2. On 4 April 2011, the deceased was travelling from Navsari to Borivali in an Express train. Between Virar and Nalasopara Railway station, the ppn 2 47.fa-143.16(j).doc deceased fell down. The passenger travelling in the same compartment informed the guard and the train was stopped. The guard informed the station master about the incident and the body was pulled out from the wheels of the compartment. The guard in his report to the station master stated that the passenger travelling in the compartment informed him that the deceased was trying to alight from the train between Virar and Nalasopara Railway station. It was on the basis of this fact that the Tribuna