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2010 Supreme(SC) 792

R.M.LODHA, AFTAB ALAM
Jameela – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Appellants:Shakil Ahmed Syed, Advocate. For the Respondents:S. Wasim A. Qadri, Ashok Bhan, A.K. Sharma, Mrs. Anil Katiyar, Subhas Kaushik, Advocates.

Judgment :

AFTAB ALAM, J.

1. On June 23, 1997, the GRP found the dead body of a male person at Magarwara Railway Station. From the pockets of the deceased, the police recovered a telephone number, a railway ticket bearing no.35810970, dated June 21, 1997 and a receipt showing payment of excess fare for travelling in a sleeper coach. Information about the discovery of the dead body was given on the phone number and then it came to light that he was a certain M. Hafeez, the husband of appellant no.1 and the father of appellant nos.2-5.

2. The appellants filed a claim case (OA 9700059) before the Railway Claims Tribunal, Lucknow Bench, claiming a compensation of Rs.11,11,000.00 (rupees eleven lakhs and eleven thousand only) under the Railways Act, 1989 (hereafter "the Act") for the death of M. Hafeez. In the claim application, it was stated that the deceased was travelling from Ahmedabad to Lucknow by Awadh Express (Train No.5064) on a valid ticket and he fell down from the train at or near Magarwara Railway Station in an untoward incident resulting in his death. The applicants' claim was contested by the General Manager, Northern Railway. The reply filed on his behalf is not on record


























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