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2022 Supreme(Bom) 1547

ABHAY AHUJA
Ganesh S/o. Waman Waghmare – Appellant
Versus
Union of India, Through the General Manager, Central Railway, Mumbai CST – Respondent


Advocates Appeared:
For the Appellants :Ms. Gayatri Dive, Advocate h/f Mr. P.R. Agrawal.
For the Respondent: Ms. N.G. Chaubey.

JUDGMENT :

This is an appeal filed by the parents of one deceased, Shubham Ganesh Waghmare under Section 23 of the Railway Claims Tribunal Act, 1987, read with Section 96 of the Code of Civil Procedure, 1908. The appellants herein had filed a claim for grant of compensation on account of death of their son Shubham in a purported untoward incident on 24.07.2016. The claim of the appellants was rejected by the Railway Claims Tribunal, Nagpur, by judgment and order dated 13.07.2018.

2. Earlier on 25.07.2016 at 06:50 hours, the Loco Pilot of Train No.51195 Wardha – Ballarshah passenger had informed the Deputy Station Superintendent of Wagholi Railway Station on walkie-talkie that one dead body of an unknown person was lying at KM No.784/04 near DN track, Wagholi yard. After getting the said information, he had made an entry of the said incident in the Station Master’s diary and also informed the Deputy Station Superintendent, Wardha railway station, through railway auto phone. Thereafter, Railway Police Force/Personnel visited the incident spot where a crowd of people had gathered. The father of the deceased who being the resident of a nearby village had also come there, and identified t

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