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2016 Supreme(Kar) 406

B.MANOHAR
Surekha – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellants : Veeranagouda.
For the Respondent: Huleppa Heroor.

JUDGMENT :

B. Manohar, J.

Appellants in this appeal are challenging the judgment and order dated 23-01-2009 passed in OA (II-U) 31/2008 by the Railway Claims Tribunal, Bangalore Bench, (hereinafter referred to as 'the Tribunal' for short) dismissing the claim petition filed by the appellants.

2. The appellants filed the claim petition contending that husband of the first claimant, father of claimants 2 and 3 Sri. Annarao Bhujarke was working as an Assistant Engineer, APMC, Gulbarga. On 2-7-2007, in order to go to Bangalore, the deceased was proceeding to board Train No. 2628 on Platform No. 1. There was heavy rush on the platform and also in the train. However, Annarao Bhujarke managed to board the train. Due to pushing and pulling of the passengers inside the compartment, he lost control and fell on the railway track. The train ran over the deceased, as a result of which the neck of deceased was separated from the body and other parts of body got crushed under the wheels. Immediately after the accident, the train was stopped, body was removed between the wheels of the train and shifted to Gulbarga General Hospital. The claimants claim that the accident occurred due to heavy rush in t













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