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2023 Supreme(Bom) 638

M. S. JAWALKAR
Dhaneshwar Rajak S/o Gula Rajak – Appellant
Versus
Union of India, Through its General Manager, South Central Railway – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri R.G. Bagul, Advocate
For the Respondent:Ms Neerja Choubey, Advocate

JUDGMENT :

Heard.

2. Being aggrieved by the judgment passed by Railway Claims Tribunal, Member (Judicial) and Member (Technical) Nagpur Bench, Nagpur in Claim Application No. OA (Iiu)/NGP/125/2019 dated 02/03/2018 dismissing the claim of the appellants for Rs.8,00,000/- along with interest from the date of accident, the applicant preferred this Appeal.

3. The facts of the claimants case is as under : -

The original appellants have filed the Claim application on account of death of their son namely Dilip Dhaneshwar Rajak in untoward incident occurred on 21/07/2018. It is stated that on 20/07/2018 deceased along with his friend namely Jaykishan Singh was travelling from Bokaro to Secunderabad by boarding in the train No. 07008 (Darbhango to Secunderabad) Express train by purchasing valid railway ticket. When the train was passing from Makodi railway station suddenly there was smoke and fire was started coming in the bogie. It is submitted that the passengers were shouting for help and some had pulled the alarm chain. After stopping the train passengers were alighted from the bogie and for saving their life they came on the railway track at KM No.174/33- 31 up line in between Sirpur to Ma

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