SHYAMAL SACHIN SALVI vs UNION OF INDIA THROUGH THE GENERAL MANAGER

Judgment text excerpt

HMK 36. FA-619-2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 619 OF 2018 Digitally SAYYED SAEED signed by SAYYED SAEED ALI Rajani Ravindra Pol d/o. ALI AHMED ALI AHMED ALI Date: 2026.03.18 10:25:32 Deceased Shyamal Sachin Salvi ….Appellant +0530 Versus Union Of India, Through The General Manager, Western Railway .…Respondent __________________________________________________________________ Mr. Vaneet Khosla for the Appellant. Mr. Pratik Irpatgire for the Respondent. __________________________________________________________________ CORAM : JITENDRA JAIN, J. DATED : 17th MARCH 2026 JUDGMENT : 1. This appeal challenges an order dated 31 st January, 2018 passed by the Railway Claims Tribunal (Tribunal), whereby, the claim made by the appellant came to be rejected on solitary ground that same does not constitute “untoward incident”, as defined by the Railways Act, 1989. 2. I have heard Mr. Khosla, learned counsel for the appellant and Mr. Irpatgire for the Railways-respondent. 3. The appellant is the daughter of the deceased. The deceased on 28th December, 2010 was travelling from Nallasopara to Santacruz with a valid season pass. The deceased was working as a housemaid. At around 6.30 a.m. - 7.00 a.m., the deceased lost her life on account of fall from the train and, therefore, the application was made before the Tribunal for 1 of 4 HMK 36. FA-619-2018.doc compensation. 4. The Tribunal with respect to “bonafide passenger” gave finding in favour of the appellant but with respect to “untoward incident”, relied upon the documents prepared by the railway authorities and after examining the nature of injuries came to a conclusion that the deceased was knocked down while crossing the track and, therefore, the claim was rejected