SHRI. ROHIDAS BANDU KUMAVAT vs UNION OF INDIA THROUGH THE GENERAL MANAGER

Judgment text excerpt

ppn 1 50.fa-1277..18(modified).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed PRACHI by PRACHI CIVIL APPELLATE JURISDICTION PRANESH PRANESH NANDIWADEKAR NANDIWADEKAR Date: 2026.03.26 FIRST APPEAL NO.1277 OF 2018 16:13:59 +0530 Rohidas Bandu Kumavat ) R/o. Village – Paregaon, Taluka – Yeola ) District – Nashik, Pin - 423 401. ) State- Maharashtra. ) ….Appellant (Orig. Applicant) V/s. Union of India ) Through The General Manager, ) Central Railway, Mumbai CSMT-400 001. ) .…Respondent (Orig. Respondent) ---- Mr. Mohan Rao for the Appellant. Mr. T. J. Pandian a/w Mr. Gautam Modanwal and Mr. Prasad Sawant for the Respondent. ---- CORAM : JITENDRA JAIN, J. DATED : 24th March 2026 Judgment : 1. This appeal is filed by the original applicant challenging an order of the Railway Claims Tribunal, Mumbai (‘Tribunal’) dated 31 January 2018, whereby the claim for injury was rejected on the grounds that the incident does not constitute an “untoward incident” and it was a case of “self- inflicted injury.” The other finding on bonafide passenger is in favour of the applicant. 2. The applicant was travelling by Guwahati Express train from Manmad to Jalgaon. It is the case of the applicant that when the train was about to reach Jalgaon railway station due to rush, his hands slipped and he fell down from a running train resulting into injuries to his head and left ppn 2 50.fa-1277..18(modified).doc leg. It is important to note that the Guwahati Express train had no halt at Jalgaon. 3. The Tribunal has observed that the applicant fell down while travelling since he was sitting near the door of the coach and this is the statement made by the applicant without there being any duress or coercion and furthermore, the train had no halt at Jalgaon station and, therefore, he boarde