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HIGH COURT OF BOMBAY
Jitendra Jain, J
Heena Vinod Vachhani – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. accident facts and tribunal claim rejection. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. issues: passenger status and untoward incident. (Para 7 , 8 , 9) |
| 3. ticket purchase proves bonafide passenger under 124a. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. unreliable railway evidence supports fall from train. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 5. untoward incident held; compensation awarded. (Para 28 , 29 , 30 , 31) |
JUDGMENT :
1. This matter was admitted on 10th February, 2026.
2. This appeal is filed by the original applicants challenging an order of the Railway Claims Tribunal, Mumbai (Tribunal), whereby, application made for compensation on account of death of Mr. Vinod Vachhani due to an accident came to be rejected. The Tribunal opined that the deceased was was not a bonafide passenger, since the ticket was not found at the time of the accident and further the accident does not fall within the meaning of “untoward incident” as defined by the Railways Act, 1989, since the deceased was knocked down while crossing the track between Kalyan and Thakurli Railway Station.
3. I have heard Mr. Rao, learned counsel for the original applicants and Mr. Pandian, learne
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