2022:BHC-AS:21016 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.551 OF 2021

1. Mrs. Seema Wd/o Sanjay Pathare

2. Miss Neha D/o. Sanjay Pathare ...Appellants Versus Union of India ...Respondent ...

Mr. Vasant More for the Appellants.

Mr. T.J. Pandian with Mr. Dheer Sampat for Respondent (UoI).

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 5th SEPTEMBER, 2022.

JUDGMENT :-

1. This appeal under Section 23 of the Railway Claims Tribunal Act, 1987, assails the Judgment and Award dated 28/06/2019 whereby dismissing the Claim Application No. OA (II u) /

MCC/0483/2013 fled under Section 124 A of the Railways Act, 1989.

2. The brief facts necessary to decide this appeal are as under:-

The Appellant No.1 is the widow and the Appellant No.2 is the daughter of Sanjay Pathare, who died on 30/03/2011 in a train accident. The deceased Sanjay, who was a railway employee was proceeding from Thane to Rabale by a local train under a valid train pass. It was the case of the Appellants that the deceased fell of the running train and sustained fatal injuries and died on the spot. The Appellants claimed that the deceased was a bonafde passenger and that his death was caused in