SMT. NAGMANI RAMNNA BURUMURI AND ANR. vs UNION OF INDIA THROUGH THE GENERAL MANAGER,

Judgment text excerpt

2026:BHC-AS:11631 Sayyed 50-FA.739.2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.739 OF 2016 1. Smt. Nagmani Ramnna Burumuri, 2. Kumari Preety Ramnna Burumuri Both residing at A/304, A/5, Pareira HSG Complex Bldg., Phoolpada Road, Virar (E) ...Appellants (Org. Claimants) Versus Union of India, through the General Manager, Western Railway, Station Building, Chruchgate, Mumbai – 400 001. ...Respondent (Org. Opponent) _____________________________________________________ Mr. Sainand V. Chaugule for the Appellants. Mr. Akash Kotecha a/w Mr. Sarwadnya Kadtane & Mr. Anand M. Waradkar & Ms. Divya Dhumne for the Respondent. _____________________________________________________ CORAM : JITENDRA JAIN, J. DATE : 9 MARCH 2026 JUDGMENT: 1. This appeal is filed by the original claimants challenging an order dated 17 March 2015 passed by the Railway Claims Tribunal, Mumbai (Tribunal), whereby the application made for grant of compensation of Rs. 4 lakhs on account of the death of the deceased due to railway accident was rejected on the ground that based on station master memo, inquest panchnama and Divisional Railway Manager (DRM) Report, the incident does not fall within the meaning of “untoward incident” as defined by Section 123(c)(2) of the Railways Act, 1989. 1 of 6 Sayyed 50-FA.739.2016.doc 2. I have heard Mr. Chaugule, learned counsel for the appellants and Mr. Kotecha, learned counsel for the Respondent. 3. The deceased was an employee of the railway working in the commercial department and was posted at Elphinstone Road office of the respondent. 4. On 11 September 2010, the deceased in the afternoon travelled from Virar to Elphinstone to report for work in second shift. After completing his shift, the deceased travelled from E