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2016 Supreme(Bom) 1048

R.K.DESHPANDE
Umadevi wd/o Kiran Yennam – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.V. Kulkarni, S.K. Sable
For the Respondent: N.P. Lambat

JUDGMENT :

Admit. The learned counsel for the respondent waives service of notice. Heard the matter finally by consent of the learned counsels appearing for the parties.

2. The Railway Claims Tribunal Bench at Nagpur has dismissed the Claim Application No. OA (IIu)/NGP/2010/0149 for compensation of Rs. 4,00,000/- on account of death of one Kiran s/o Somaiya Yennam, who alleged to have died in an untoward incident. The claimants who are the dependents of the deceased filed Claim Petition under section 16 of the Railway Claims Tribunal Act, 1989 (hereinafter referred to as "the said Act), which was dismissed on 14-11-2013, against which this appeal under section 23 of the said Act, has been preferred.

3. Before the Tribunal, the following issues were framed as under:-

(1) Whether the applicants prove that they are the dependents of deceased Kiran s/o Somaiya Yennam?

(2) Whether the respondent railway proves that deceased Kiran s/o Somaiya Yennam was not a bona fide passenger on 4-3-2010 of the train, with valid journey ticket?

(3) Whether the applicants prove that deceased died in an untoward incident in terms of section 123(c) of Railways Act, 1989, on 4-3-2010?

(4) What relief? What order















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