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2023 Supreme(Bom) 29

ABHAY AHUJA
Motilila Wd/o Pruthviraj Gajbhiye – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vilas Manohar Deshpande, Advocate
For the Respondent:Ms. Neerja G. Chaubey, Advocate

JUDGMENT :

1. This is an appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987 by the dependents of one Shri Pruthviraj Gajbhiye, being aggrieved by the judgment and order dated 21st December, 2020 passed by the Railway Claims Tribunal, Nagpur rejecting their claim application No. OA(IIu)/NGP/22/2019 for compensation on account of death of Shri Pruthviraj Gajbhiye in a purported untoward incident.

2. It is the case of the appellants that the appellant no. 2 i.e., the son of the deceased Shri Pruthviraj Gajbhiye, who was in private service, had on 28th February, 2018 informed his father that he was coming to Nagpur on 1st March, 2018 for Holi festival and told his father to come to receive him at Ajani Railway Station. This has been recorded in an affidavit dated 27th January, 2020 of Smt. Motilila widow of deceased Pruthviraj Gajbhiye, who states that the aforesaid fact was communicated to her by her deceased husband. It is stated in the said affidavit that the deceased went to Ajani Railway Station on 1st March, 2018 to receive their son Sawan and met with an accident caused by train no. 12723, Telangana Express and died on the spot. That when her son arrived at Aja

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