: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.) NO.2660 OF 2006 FIRST APPEAL (ST.) NO.2660 OF 2006 FIRST APPEAL (ST.) NO.2660 OF 2006 Union of India ...Appellant V/s. Ajay Jamnadas Joshi ...Respondent Mr.A.N. Samant, Advocate, for the Appellant. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 28TH MARCH, 2008. DATE : 28TH MARCH, 2008. DATE : 28TH MARCH, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Advocate appearing for the appellant. 2. The impugned Judgment and Order has been passed by the Railway Claims Tribunal in a claim petition filed under Section 124-A of the Railways Act, 1989. 3. The allegation of the respondent-claimant is that while he was travelling in a local train as a bonafide passenger on 22nd February, 2001, there was an untoward accident as a result of which he sustained injuries. The Tribunal granted compensation of Rs.80,000/- with interest at the rate of 6% p.a. from the date of the order till the realization. : 2 : 4. In view of the fact that the injury was a non-schedule injury, the compensation payable is governed by Rule 3(3) of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990. 5. After having heard the learned Advocate for the appellant, I find no merit in the Appeal. The fact that the respondent was a bonafide passenger is not seriously challenged by the appellant-Railways. Apart from that there is an evidence on record to show that when the train was between Bhayandar and Dahisar stations, the respondent accidently fell down from the train due to pressure exerted by the crowd inside the compartment. 6. Considering the evidence adduced by the respondent, the Tribunal has accepted the case that the respondent was a victim of an untoward incident and has granted a compensation of Rs.80,000/-. There is no error in the view taken by the Tribunal and the Appeal is dismissed. 7. In view of dismissal of the Appeal, Civil Application No.546 of 2006 does not survive and the same is disposed of. : 3 : [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]