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NEUTRAL CITATION

C/FA/3052/2017 JUDGMENT DATED: 27/03/2026

0.13702711186621475

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/FIRST APPEAL NO. 3052 of 2017

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE J. C. DOSHI Sd/-

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Approved for Reporting Yes No No

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UNION OF INDIA Versus

GOPALBHAI RAMJIBHAI JAMBUKIYA & ANR.

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Appearance:

MS ARCHANA U AMIN(2462) for the Appellant(s) No. 1 MR KUNAL M SHAH(5588) for the Defendant(s) No. 1

MR MAHESH B SHAH(1053) for the Defendant(s) No. 1 MR PJ MEHTA(467) for the Defendant(s) No. 1

RULE SERVED for the Defendant(s) No. 2 =====================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 27/03/2026

JUDGMENT

1. In a case No.2015/0102, by decision dated 22.07.2016, the Railway Claims Tribunal, Ahmedabad Bench, Ahmedabad was pleased to grant the compensation of Rs.4,00,000/- at the interest of 6% from the date of the application till the date of award with the proportionate cost, is a subject matter of this appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as ‘the

Act of 1987’)

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NEUTRAL CITATION

C/FA/3052/2017 JUDGMENT DATED: 27/03/2026

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2. The brief facts of the case are that:-

2.1 On 31.08.2014, deceased - Champaben was travelling from the Okha Railway station to Wakaner Railway

station by Train No.15046 - Okha Gorakhpur Express.

2.2 According to claimant, the train was just about to stop at the platform on Wakaner Railway station, suddenly a jerk came and deceased, who was standing on the door of the train, lost balance and accidentally fell from the train at Wakaner

Railway station on the midnight of 01.09.2014.

2.3 As a consequence of the accident, she sustained multiple grievous and crush injuries at different parts of the body. She was firstly shifted to Civil Hospital, Wakaner and after primary medical treatment given to her, she was shifted to Civil Hospital, Rajkot, and whereby, with a view to save her from the crush injuries and Septicemia, her leg was amputated, but she still required further and specialized treatment. Therefore, she was shifted to G.T. Sheth Orthopedic Hospital, Rajkot and from there, to Shanti Hospital. Ultimately, she was shifted to VS General Hospital, Ahmedabad, where she was operated and she was given medical treatment at different parts of the body, but could not survive, she succumbed to the injuries and lost her

breath on 15.11.2014.

2.4 The deceased was travelling with railway ticket No.

S-66715965, which exhibited at A/1.

2.5 In the aforesaid factual background, the claimant filed aforesaid claim case before the Railway Claims Tribunal,

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NEUTRAL CITATION

C/FA/3052/2017 JUDGMENT DATED: 27/03/2026

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Ahmedabad Bench, claiming the compensation of Rs.4,00,000/- along with the interest. The claim was resisted by the Railway denying the averment made in the claim application and also raising the contention that the incident, as stated by the claimant, is not an ‘untoward incident’. Therefore, in view of Section 123(c) of the Railways Act, 1989 (hereinafter referred to

as ‘the Act of 1989’, the claim is not maintainable.

2.6 The learned Tribunal, after framing the issues, was pleased to grant the compensation amount in aforesaid terms.

2.7 Railway - Union of India being aggrieved preferred this appeal.

3. I have heard learned advocate Ms. Archana U. Amin appearing for the appellant and learned advocate Mr. P.J.Mehta

appearing for the original claimant.

4. Learned advocate Ms. Amin, having referred to the affidavit filed by the witness of the appellant, submitted that the guard was e