IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.526 of 2019 Mrs.Pushpa Rajnath Sharma and ors .. Appellants Versus Union of India, through General Manager, .. Respondent Central Railway, CSMT, Mumbai.

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Mr.Vasant N. More for the appellants.

Mr.T.J. Pandian for the respondent.

CORAM: BHARATI DANGRE, J. RESERVED : 25th APRIL, 2022 PRONOUNCED : 14th JUNE, 2022.

PC:-

1 The dependents of one Rajnath Sharma, who met with an accident on 20/4/2012, on being denied the compensation by the Railway Tribunal Act, Mumbai, vide impugned judgment dated 31/10/2018, have filed the present First Appeal. The appellants claim that the Tribunal has ignored an important facet of the claim, to the effect that the deceased fell down from the running train and therefore, his case was covered u/s.123(c)(2) of the Indian Railways Act, as an untoward incident, but on the contrary, the Tribunal concluded that the deceased was run over by a train and his dependents were disentitled for compensation. The Appeal also challenge the finding of the Tribunal to the effect that the deceased was not a bonafide passenger, though a ticket was recovered from his pocket, but, since it was