Boarding a moving run-through train at a non-stopping station does not constitute an untoward incident.

The appellants’ case was that Vikas Kumar, a regular commuter holding a valid Monthly Season Ticket, fell from Train No. 14681 near Shivaji Bridge on 19 October 2019 and sustained fatal injuries

The Railway Claims Tribunal dismissed the claim, finding that he had attempted to board a moving train and that the occurrence was not an “untoward incident”

The appellants appealed under Section 23 of the Railway Claims Tribunal Act, 1987

1. Whether the deceased was a bona fide passenger

2. Whether his fall while attempting to board a moving train that was passing through Shivaji Bridge without a scheduled halt constituted an “untoward incident” under Section 123(c)(2) of the Railways Act, 1989

Section 123(c)(2) of the Railways Act, 1989 concerns an accidental fall from a passenger train; whether an occurrence falls within that provision depends on the facts established in the particular case

A claimant’s status as a bona fide passenger does not, by itself, make every resulting occurrence an “untoward incident”

The Court relied on *Gyan Prakash @ Bhushan & Anr. v Union of India*, 2026 SCC OnLine Del 7191, for the proposition that a fall resulting from a conscious attempt to board a moving run-through train not scheduled to stop at the station may fall outside Section 123(c)(2)

The Court also considered *Union of India v Prabhakaran Vijaya Kumar*, (2008) 9 SCC 527, cited by the appellants

The Court accepted that the deceased was a bona fide passenger because the DRM Report acknowledged the validity of his season ticket, but held that this did not resolve whether the occurrence was an “untoward incident”

The eyewitness account was that the deceased and his companion tried to board Train No. 14681 as it passed the station; one boarded, while the deceased fell between the train and platform

The train was a run-through train not scheduled to halt at Shivaji Bridge

Applying *Gyan Prakash*, the Court distinguished an accidental fall during a normal railway journey from a fall resulting from an attempt to board a moving train that was not scheduled to stop

The appeal was dismissed