BRAHMANE MANISHA SADANANDBHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned advocates appearing for the respective parties.

(2.) This First Appeal u/s 23 of the Railway Claims Tribunal Act, 1987 (in short "the Act ") is directed against the judgment and order dtd. 12/8/2025 passed by the leaned Railway Claims Tribunal, Ahmedabad Bench, Ahmedabad in Case No.OA (Iiu)/ADI/630/2025 (DT), whereby the the learned Tribunal rejected claim of Rs.8.00 lakh plus interest on the ground that the incident took place within the train compartment does not fall within the untoward incident as defined in sec. 123(c) or sec. 124 of the Act and no liability of the Indian railway arose to pay compensation for the death of deceased Sadanand Brahmane.

(3.) Briefly stated facts of the case is that deceased Sadanand along with his friend were travelling from Bhusawal to Sutar in train No.19008 Bhusawal - Surat Express with ticket bearing No.UHQ-22886948 on 31/1/2024. Due to sudden jerk and jolt in the train, the deceased was on the upper berth fell on the ground of the train and died later on in the private hospital.