MANGAL BHANUDAS THOMBARE Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is filed by the original applicant to challenge order dated dtd. 28/2/2018 passed by the Railway Claims Tribunal, Mumbai (Tribunal).

(2.) The Tribunal dismissed the application on the ground that the deceased died because of his own negligence while saving life of his brother s wife, who was falling down from train when all of them were about to board Sahyadri Express from Pimpri Railway Station to reach their destination Bhilavdi Railway Station. According to the Tribunal, this does not amount to an untoward incident .

(3.) Mr. Rao, learned counsel for the appellant submits that the deceased along with his family members and relatives purchased tickets at Pimpri Railway Station for travel to Bhilavdi by Sahyadri Express. While the train arrived at Pimpri Railway Station all of them started boarding the train, but the train started immediately and the brother's wife of the deceased was falling down. The deceased, to save the brother s wife and to board the train met with the accident and both fell from the platform and came under the wheels of the train and sustained injuries. Subsequently, the deceased died. Mr. Rao submitted relying on the decision in the case of Damodar Purshottam Thakkar & Anr Vs. The Union of India FA No.1694 of 2016 dtd. 24/6/2025 that the act of boarding and de-boarding would also fall within the ambit of untoward incident . He further relied upon the decision of the Hon ble Supreme Court in the case of Union of India vs. Rina Devi (2019) 3 SCC 572.