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2023 Supreme(Bom) 860

URMILA JOSHI-PHALKE
Nirmala – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
R.S. Suryawanshi, Advocate, Neerja Chaubey, Advocate

JUDGMENT

Urmila Joshi-Phalke, J. - The present appeal has been filed by the original claimants challenging the judgment and award passed by the Railway Claims Tribunal in Claim Application No. OA(IIu)/NGP/ 2015/0282 dated 03/05/2018 at Nagpur.

2. The facts giving rise to the present appeal can be summarized as under:

On 09/05/2015, the deceased was purchased a valid ticket No. Y-27654952 and was traveling from Warud to Benoda by Train No. 51184 Narkhed-Bhusawal Passenger. The deceased was standing near the door inside the train. Due to heavy rush and sudden jerk to the said train, he fell down from the running train and died on the spot. The incident had taken place on UpLoop Line of Railway Station Warud. As the death of the deceased was caused in an untoward incident, the applicants, who are the wife and sons of the deceased claimed compensation.

3. The respondent/railway has contested the claim application by filing the written statement. As per the contention of the railway, no such incident causing death of the deceased within the meaning of the provision of Section 123(c) read with Section 124-A of the Railway Act has taken place and as such, the claim application is not maintain

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