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2022 Supreme(Bom) 1739

ABHAY AHUJA
Ashok S/o. Baburao Parde – Appellant
Versus
Union of India, Through the General Manager, South Central Railway, Secunderabad (A. P. ) – Respondent


Advocates Appeared:
For the Appellants : Shri R.G. Bagul.
For the Respondent: Ms N.G. Chaubey.

JUDGMENT :

1. Being aggrieved by the judgment dated 02.02.2017, passed by the Railway Claims Tribunal (the “Tribunal”), Nagpur, in a claim petition for compensation, which was rejected by the Tribunal, the sons of the deceased have preferred this appeal under Section 23 of the Railway Claims Tribunal Act, 1987.

2. Brief facts are that the deceased Dhondabai, mother of the Appellants, while going from Gangakhed by train to meet her daughter at Jalna, fell down and succumbed to her injuries. It emerges from the statement of the Gangman/Keyman, Shri Santu Raoji Sawant that on 04.10.2012 at about 07:00 hours on the day of the incident, he was checking the railway track from Gangakhed Railway Station to Kilometer No.301 and while coming back, at about 13:00 hours, he came to know from some person that one lady was lying in a dead condition between the two lines at Kilometer No.299/1-2 and that, he informed the Station Master of the same at around 15:00 hours. Thereafter the Station Master has informed the Gangakhed Police for further action, after which, the Spot Panchanama, Inquest Panchanama and Post-mortem proceedings were undertaken.

3. Thereafter, a claim petition was preferred by the

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