1 FA 296.23 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL NO.296 OF 2023 1. Manisha wd/o Gautam Nikam Aged 36 years, Occ. Household 2. Aayush s/o Gautam Nikam Aged 12 years, Occ. Education 3. Anushka s/o Gautam Nikam Aged 10 years, Occ. Education (Applicant No.2 & 3 under guardianship of their mother applicant No.1) 4. Sumanbai wd/o Babulal Nikam Aged 65 years, Occ. Household All R/o. Bhadgaon Road, Ward No.4, Gadgebaba Nagar, Pachora, Dist. Jalgaon-424201. .. Appellants .. Versus .. . Union of India Through General Manager, Central Railway, CST, Mumbai. .. Respondent Mr. D.S. Lambat, Advocate for Appellants. Ms. N.G. Chaubey, Advocate for Respondent. CORAM : PRAVIN S. PATIL, J. DATED : 24.09.2026. 2026:BHC-NAG:13012 2 FA 296.23 JUDGMENT 1. By this appeal, the challenge is to the judgment and order dated 24.06.2022 passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur in Case No.OA (Ilu)/NGP/32/2021. 2. In the present case, the submission of the present appellants is that on 31.01.2020 the deceased Gautam was travelling by purchasing valid ticket of Devlali Bhusawal Passenger Train No.51181. During his travelling in train, he fell down from the running train due to sudden jerk at KM No.353/11-13 near Nagardevla Railway Station and died on the spot. In view of this untoward incident, the claimants have filed the claim application for compensation before the Railway Claims Tribunal. 3. The respondent-railway administration has strongly opposed the application. According to them, no such incident causing the death of the deceased took place as alleged by the appellants. According to them, as per the statement of the Station Master of Amgaon, he was informed about the dead body found on a track by Trackman at around 8.20 am. The 3 FA 296.23 train namely Devlali Bhusawal Passenger reached to the station Nagardevla at around 8.43 am and departed at 8.45 am. Therefore, considering this fact, it is clear that the story put up by the appellants is suspicious and, therefore, no compensation can be awarded in such matter. 4. The learned Railway Tribunal by considering the submission of the respondent, has recorded the finding that the train arrived at Nagardevla Railway Station at 8.43 am and departed from 8.45 am. The dead body of the deceased was found at 8.20 am i.e. much before the said train arrived at Railway Station. Hence, considering this fact, dismissed the application filed by the appellants. 5. The appellants, who approached before this court, have came with a specific submission that in any case on 31.01.2020 the deceased was at Railway Station and purchased the ticket to travel from Nagardevla to Pachora. The said train ticket is duly verified by the Railway Authorities. He further stated that the Trackman, whose statement is relied upon by the Station Master, was not examined by the Railway Administration before the Railway Tribunal. Therefore, in absence of such evidence 4 FA 296.23 available on record, the conclusion drawn by the learned Tribunal is incorrect. 6. It is further pointed out that as per the statement of the Station Master, one good train namely, J.L./B.C.N. had reached at 8.20 am at Railway Station Nagardevla and when it was departed, thereafter, the body of the deceased was found on the track. However, it is the submission of the appellants that the evidence of Loco Pilot of the said train was not recorded in the matter. 7. According to the appellants, the documents which are relied upon by the respondent is a part of the DRM report. The said documents are not independently produced before the Tribunal nor the appellant has been given opportunity to verify nor the Tribunal has occasioned to consider the validity of said documents. Same could have relied upon if same were tested in evidence of parties before Tribunal. Hence, on the basis of insufficient evidence, the learned Tribunal has decided the appeal. 5 FA 296.23 8. According to the appellants, once it is established on record that he was a bonafide passenger and having a valid journey ticket and present in the premises of the railway, the burden was shifted on the respondent-railway administration to establish the fact that the case of the appellants falls under the proviso of Section 124-A of the Railways Act. However, the respondent failed to discharge that burden. Therefore, the learned Tribunal ought to have considered all these factual aspect in the matter. 9. The appellants in the present appeal have also relied upon the investigation done by the Railway Police Force who have categorically stated in their investigation that due to falling down from the running train the accident occurred but this aspect also not looked into by the learned Tribunal while deciding the appeal. 10. In the present matter, considering the submission of both the counsels, it is clear that the learned Tribunal has not considered the entire documents as well as evidence which was available on record. So also the Railway Administration though having all the documents in their DRM report, same were not 6 FA 296.23 produced properly before the Railway Tribunal. Hence, considering all factual aspect involved in the matter, it would be proper that this matter shall be remanded back to the Tribunal to grant one more opportunity to both the parties to lead their evidence and produce all relevant documents before the Tribunal and establish their claim independently. Hence, for the reasons stated above, the following order is passed : O R D E R (i) The impugned judgment and order dated 24.06.2022 passed by the Railway Claims Tribunal, Nagpur Bench in Case No.OA (Ilu)/NGP/32/2021 is hereby quashed and set aside. (ii) The proceedings bearing No. OA (Ilu)/NGP/32/2021 are restored on the file of Railway Claims Tribunal, Nagpur Bench, Nagpur. (iii) The parties are directed to appear before the Railway Claims Tribunal, Nagpur Bench, Nagpur on 12.10.2026. (iv) The learned Tribunal is directed to decide the claim petition afresh. All the issues are kept open to decide the matter afresh. No order as to costs. (Pravin S. Patil, J.) Gulande Signed by: A.S. GULANDE Designation: Senior Pvt. Secretary Date: 30/09/2026 19:58:02