FA/1855/2022

Judgment text excerpt

NEUTRAL CITATION C/FA/1855/2022 JUDGMENT DATED: 23/06/2026 2026:GUJHC:38224 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1855 of 2022 ========================================================== UNION OF INDIA Versus VIVEKKUMAR VIRENDRA ASTHANA ========================================================== Appearance: MS ARCHANA U AMIN(2462) for the Appellant(s) No. 1 MR PJ MEHTA(467) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 23/06/2026 JUDGMENT 1. By impugned judgment and award dated 15.3.2022, learned Railway Claims Tribunal, Ahmedabad (for short ‘the Tribunal”) in Case No.OA/(ILu)/ADI/2019/0062 awarded compensation of sum of Rs.3,70,000/- with 9% interest from the date of incident till date of realization. 2. Being aggrieved by judgment dated 15.3.2022, appellant - Railways has preferred present appeal under section 23 of the Railway Claims Tribunal Act, 1987. 3. Tersely stated facts borne out from impugned judgment are that the respondent was travelling from Surat to Ahmedabad railway station, by train No.12480 Bandra Terminus-Jodhpur Suryanagari Super-Fast Express, holding a valid railway ticket which was lost in the incident. That due to overcrowded situation, he had no option except to travel by standing near to Page 1 of 18 Uploaded by () on Downloaded on : Tue Jun 30 22:16:22 IST 2026 NEUTRAL CITATION C/FA/1855/2022 JUDGMENT DATED: 23/06/2026 2026:GUJHC:38224 the entrance gate of the compartment. During the course of journey, when the said train was running at the platform No.1 of Maninagar Railway station, due to sudden jerk & jolt, heavy rush and push of the passengers, he lost his balance and fell down from the running train. Due to this incident, his right