SMT. SINDHU DEVANAND SHIVDAS vs THE UNION OF INDIA, REPRESENTED BY GENERAL MANAGER,

Judgment text excerpt

49-FA-563-16.doc rsk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.563 OF 2016 Smt. Sindhu Devanand Shivdas Age-53 years, residing at Anna Pardhi Chawl No.14, Room No.8, Saidatta Nivas, Saibaba Nagar, Nagindas Pada, Nallasopara (Eas), Dist-Thane ...Appellant (Original Applicant) Vs The Union of India, Represented By the General Manager, Western Railway, Churchgate, Mumbai ...Respondent (Original Respondent) _____________________________________________________ Mr. Mohan Rao for the Appellant. Mr. T. J. Pandian a/w. Mr. Gautam Modanwal for the Respondent. _____________________________________________________ CORAM : JITENDRA JAIN, J. DATED : 05 MARCH 2026 JUDGMENT: 1. This appeal filed by the original applicant challenges an order dated 23 February 2015 passed by the Railway Claims Tribunal, Digitally Mumbai whereby the Tribunal has dismissed the application for signed by RAJESHWARI RAJESHWARI SUBODH SUBODH KARVE KARVE Date: 2026.03.06 16:21:56 compensation on the ground that the incident does not fall within +0530 “untoward incident” as defined under Section 123 (c)(2) of the Railways Act, 1989 and further the deceased was not a bonafide 1 of 5 49-FA-563-16.doc passenger since no ticket was found. 2. I have heard Mr. Rao, learned counsel for the applicant and Mr. Pandian, learned counsel for the respondent. 3. It is the case of the applicant that on 5 August 2006, the deceased alongwith his friend Mr. Sachin Vijay Jewekar was travelling from Nallasopara towards Borivali and the deceased fell down from a moving train between Bhayandar and Nallasopara. It is the case of the applicant that Mr. Sachin Jewekar took the deceased to a private hospital and from the private hospital, the deceased was taken to K.E.M. Hospital, Parel where