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2013 Supreme(Bom) 1468

A.P.BHANGALE
Union of India, General Manager – Appellant
Versus
Anuradha – Respondent


Advocates Appeared:
For the Appellants:P.S. Lambat, Advocate.
For the Respondents:R1 & R2, S.K. Sable, Advocate.

JUDGMENT

Oral Judgment:

1. The appeal is directed against the judgment and award in Claim Application No.93/OAII/ RCT/NGP/2005, dated 06/03/2009 decided by Railway Claims Tribunal, Nagpur Bench, Nagpur whereby claimants were entitled for compensation in the sum of Rs.4,00,000/.

2. Facts in nutshell are stated as under –

On 01/10/2004 Narendra Deshmukh (deceased) was going to Purna, hence, had been to Nanded Railway Station and purchased a general class ticket for Purna at about 4.00 p.m. There was announcement that the train to Purna arrived at Platform No.3, therefore, he boarded in the train by name Sachkhand Express bearing No.2715 under the impression that it was the train going to Purna, but due to sudden jerk resulted from applying brakes to the train, he slipped out of the door way, fell down from the train and died. Due to this untoward incident, the respondents-claimants, who are legal heirs of the victim, filed the claim application in the Railway Claims Tribunal at Nagpur claiming therein that they were dependents on the deceased and entitled for compensation.

3. According to learned Advocate for the appellant, before the Railway Tribunal, Railway Administration had denie








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