SMT. CHANDIBAI LAXMAN RATHOD AND ORS. vs UNION OF INDIA, THROUGH THE GENERAL MANAGER,

Judgment text excerpt

2026:BHC-AS:10719 Sayyed 48-FA.1275.2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1275 OF 2018 1. Chandibai Laxman Rathod, 2. Babu Laxman Rathod, 3. Narayan Laxman Rathod All R/O Katraj Warje Malwadi, Vithal Nagar, Super Market, Pune – 411 058, State – Maharashtra ...Appellants (Org. Applicants) Versus Union of India, Through the General Manager, South Central Railway, Secunderabad – 500 003 ...Respondent (Org. Respondent) _____________________________________________________ Mr. Mohan Rao for the Appellants. Mr. T. J. Pandian a/w Mr. Gautam Modanwal for the Respondent. _____________________________________________________ CORAM : JITENDRA JAIN, J. DATE : 4 MARCH 2026 JUDGMENT: 1. This appeal is filed by the original applicants challenging the order passed by the Railway Claims Tribunal, Mumbai dated 30 April 2018, whereby the application for compensation came to be rejected on the ground that the incident which led to the death of the deceased was not an “untoward incident”, which is a pre-condition for claiming compensation. 2. Insofar as the issue of bona fide passenger is concerned, the findings are in favour of the original claimants since the ticket was found. 1 of 4 Sayyed 48-FA.1275.2018.doc 3. I have heard Mr. Rao, learned counsel for the appellants and Mr. Pandian, learned counsel for the respondent. 4. On 27 August 2011, the deceased alongwith his wife and children was travelling from Pune to Tandur by Hyderabad Express on a reserved ticket. During the night time, the deceased when the train reached Chittapur Railway Station got down on the other side of the platform for attending nature’s call. In the meanwhile, the train started moving and the deceased made an attempt to re-board the train at which point of