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2026 Supreme(Online)(RCT) 1366
BEFORE THE RAILWAY CLAIMS TRIBUNAL, MUMBAI BENCH, MUMBAI
R. Sathyabama, J, Niva Singh, Technical Member
ARCHANA W/O ANIL SAWALEKAR – Appellant
Versus
GM CR – Respondent
OA (II U) / MCC /164/2023
Important Points
Subject
Civil - Railway Claims
Act Referred
Headnote
(B) Compensation - Exception Clauses - Death resulting from crossing tracks while intoxicated or feeling dizzy constitutes "self-inflicted injury" or an act in a state of intoxication under Section 124-A of the Railways Act, 1989, exempting the railway administration from liability. (Para 18, 21)
Issues: Whether the deceased was a bonafide passenger and whether the incident was an "untoward incident" under the Railways Act, 1989.
For the Appellants/Petitioners: None
For the Respondents: Shailja Nair
| Table of Content |
|---|
| 1. factual background of the claim and the railway's opposition regarding the nature of the accident. (Para 1 , 3 , 4) |
| 2. examination of evidence and witness testimony to establish the circumstances of the death. (Para 6 , 7 , 8 , 9) |
| 3. competing arguments regarding the status of the deceased as a bonafide passenger versus a trespasser. (Para 10) |
| 4. statutory definitions of 'passenger' and 'untoward incident' under the railways act, 1989. (Para 11 , 12) |
| 5. determination that intoxication and unauthorized track crossing constitute self-inflicted injury. (Para 13 , 14 , 15 , 18) |
| 6. application of judicial precedents to exclude compensation for trespassing and conscious hazardous acts. (Para 16 , 17 , 19 , 20 , 21) |
| 7. final adjudication dismissing the claim due to failure to prove an untoward incident. (Para 22 , 23 , 24) |
J U D G E M E N T
1. This Claim Application is filed by the applicants under Section 16 of the Railway Claims Tribunal Act, 1987 read with Section 123 (c) (2) & Section 124 - A of the Railways Act, 1989 for compensation arising out of an alleged untoward incident occurred on 18.04.2023 involving death of Anil Laxman Sawalekar, (herein after referred as the deceased). The Applicants claims that, being wife and children of the deceased, they are the dependents of the deceased Anil Laxman Sawalekar.
2. It is pertinent to note that despite the matter having been listed for final arguments, none appeared on behalf of the Applicant. Sufficient opportunity having been afforded, the Applicant's counsel failed to advance final submissions. Having regard to the age of the proceedings, which pertain to the year 2023, and in order to avoid further delay in the adjudication of the claim, this Tribunal proceeds to decide the matter on merits on the basis of the pleadings, evidence, and documents available on record, after hearing the learned counsel appearing for the Respondent.
The factual matrix of the matter in nut-shell is as below:
3. It is stated that, Anil Laxman Sawalekar, (hereafter referred as deceased), aged 52 years was a resident of Kanjurmag. The Applicant No. 1 is the wife of the deceased and Applicant No. 2 & 3 are the children of the deceased. It has been contented that on 18.04.2023 the deceased was travelling along-with his Son from Kanjurmarg to Thane by the local train in the second class compartment holding second class valid railway ticket bearing no. UFO 16843831. When the train reached in between Kanjurmarg and Bhandup Railway Station, at Km No. 24/140, the deceased accidentally fell down from the running local train due push by other passengers & sudden jerk of the train. He sustained serious injuries and subsequently die.
4. In response to notice – Railway Authority appeared and opposed the claim application. The respondent filed written statement and also produced on record the DRM report which is marked as “R-1”. It has been contented that on 18.04.2023, at 06:15 hrs. on-duty GRP staff received information that an injured man was lying at Km No. 24/140 between Kanjurmarg-Bhandup Railway Station. Based on the information, the spot was attended by on-duty CNC Kanjurmarg, RPF and GRP personnel. Upon arrival they found an unknown man lying injured. His left leg was bleeding. After providing first aid, the injured man was taken to Rajawadi Hospital for further treatment, by the GRP, based on memo issued by CNC Kanjurmarg. On-duty doctor examined the victim and admitted him to the ICU. The GRP later informed the man's son, Tanish Anil Sawlekar, over the phone about the victim. Injury No. 51/2023 was registered at the GRP station in Kurla. During treatment, the injured was declared dead by the on-duty doctor at 12:05 pm. The report revealed no valuable documents, items, or money on the deceased. The body was then sent for postmortem with GRP staff. Upon submission of the relevant documents by the GRP, the Kurla GRP registered ADR No. 80/2023 under Cr.P.C. 174 on April 18, 2023, at 21:39 hrs. The
