MRS. CORINNA VALENTINA D'SOUZA AND ORS. vs UNION OF INDIA THROUGH THE GENERAL MANGAER, WESTER RAILWAY

Judgment text excerpt

HMK 36. FA-1232-2014.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1232 OF 2014 Digitally SAYYED signed by 1. Corinna Valentina D'souza, SAEED SAYYED SAEED ALI ALI AHMED ALI Age 33 years, Widow of the deceased. AHMED Date: 2026.03.18 ALI 18:25:07 +0530 2. Pearl Valentina D’Souza, Age 2 years, Daughter of the deceased. 3. Francis Xavier D’Souza, Age 56 years, Father of the deceased. 4. Annnie Francis D’Souza, Mother of the deceased. ….Appellants Versus Union Of India, Through The General Manager, Western Railway .…Respondent __________________________________________________________________ Mr. Avadhut Bidaye a/w. Mr. Aditya Kode i/by Bidaye & Associates for the Appellants. Mr. Rajesh G. Singh, Senior Advocate for the Respondent. __________________________________________________________________ CORAM : JITENDRA JAIN, J. DATED : 18th MARCH 2026 JUDGMENT : 1. This appeal is filed by the original applicants, challenging the order passed by the Railway Claims Tribunal dated 28 th February, 2014 whereby, the application for compensation on account of death of Mr. Valentine D’Souza to be rejected on the ground that various records prove that it is a runover case and the incident occurred due to trespassing i.e. knocked down by unknown train and, therefore, it is not an “untoward incident”. 1 of 5 HMK 36. FA-1232-2014.doc 2. Insofar as the finding with respect to “bonafide passenger” is concerned, same is in favour of the appellant and has not been challenged. Insofar as the finding on dependency is concerned, the reasoning is in favour of the appellant and has not been challenged. However, in concluding paragraph, there appears to be a typo error, wherein, it is stated that the relationship has not been established, though in the