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2023 Supreme(Bom) 1195

G. A. SANAP
Sadhna wd/o Narendra Jagtap – Appellant
Versus
Union of India through its General Manager Central Railway – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri R.G. Bagul, Advocate
For the Respondent:Smt. Neerja G. Chaubey, Advocate

JUDGMENT :

1. In this appeal, filed under Section 23 of the Railway Claims Tribunal Act, 1987 (for short “the Act”), challenge is to the judgment and order dated 22.12.2020 passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur, whereby the claim for compensation filed by the appellant/claimant was dismissed.

2. Background facts:-

The deceased Praful s/o Narendra Jagtap was son of the appellant. It is the case of the appellant that on 26.11.2018 her son after purchasing the journey ticket for Chandur Railway to Mumbai boarded train No.8030 UP i.e. Shalimar Express in presence of his friend. When the train started to run, the deceased accidentally fell down and died on the spot at Pole No.691/23 at Chandur Railway Station. It is stated that deceased died in untoward incident. He was travelling by the said train as a bona fide passenger with valid journey ticket from Chandur Railway to Mumbai. The appellant, therefore, claimed compensation of Rs.8,00,000/-, due to death of her son in untoward incident

3. Respondent-railway filed written statement and opposed the claim. In sum and substance, the respondent has denied the material facts. It is denied that deceased had purchased railwa

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