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 =====================================================

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’)

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, 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 examined on oath, the guard of Train No.15046 - Okha Gorakhpur Express stated that when the train was just departing from the Wakaner Railway station at around 00:09 hours, he saw one unknown person along with a child and then, one unknown lady also jumped from the running train and fell down. Therefore, immediately, he applied for the emergency brake and informed the Locopilot of the train and SM - Wakaner Railway station about the above incident.

4.1 Learned advocate Ms