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2022 Supreme(Bom) 1741

ABHAY AHUJA
Malanbai Wd/o. Shankar Dhotre – Appellant
Versus
Union of India, Through the General Manager, Central Railway, C. S. T. Mumbai – Respondent


Advocates Appeared:
For the Appellants : Ms. Sumesha Choudhari.
For the Respondent: Smt. N.G. Chaubey.

JUDGMENT :

1. Being aggrieved by the dismissal of their claim application filed before the Railway Claims Tribunal, the widow and children of one Shankar Gangaram Dhotre have preferred this appeal under Section 23 of the Railway Claims Tribunal Act, 1987 against the judgment and order dated 28th October 2015, passed by the Railway Claims Tribunal, Nagpur. By this appeal, the appellants are seeking to set aside the said judgment and order and are seeking a compensation from the respondent Railways on account of the death of the said Shankar Gangaram Dhotre claiming that he died in an untoward incident on 4th April 2011.

2. The brief facts are that the deceased had undertaken a journey from Pandharpur to Mudkhed and boarded a train from Pandharpur along with his family. When the train reached Kurduwadi railway station, the deceased alighted to bring some water for his children. Soon thereafter, the train started moving and he tried to board the moving train and during this effort, he slipped and fell down under the train and both his legs were cut. In an injured state he was taken to the various hospitals and finally at one in Nanded where he died.

3. It is the case of the appellants th

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