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2023 Supreme(Bom) 1302

PRITHVIRAJ K. CHAVAN
Arun Anshiram Dhotre – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Balasaheb Deshmukh i/b Mr. D.T. Ajagekar
For the Respondent: Mr. Chetan Agrawal a/w Mr. Sachin R. Pawar

JUDGMENT:

1. By this appeal, the appellants impugned the judgment and order dated 21st April, 2014 passed by Member (Technical), Railway Claims Tribunal, Mumbai Bench, Mumbai dismissing their Claim Application bearing No. OA/(IIu)/MCC/2011/0025.

2. Briefly stated, facts are as follows.

3. One Alpesh Arun Dhotre (for short ‘deceased’) was trevelling by a local train between Bhayander and Vasai along with his friend on the fateful day of 26th January, 2010. When the local train reached between Naigaon and Vasai Road Railway Station, due to excessive crowd in the compartment, deceased fell down out of the train sustaining fatal injuries. An accident memo was prepared by the Station Master pursuant to an information received from one unknown person that an unknown person was found lying by the railway track. When the concerned Government Railway Police staff along with two porters reached near k.m 50/07 on down local line, they noticed a boy lying on the ground with serious head injury.

4. An inquest panchanama was drawn in the presence of pancha witnesses under section 174 of the Code of Criminal Procedure. Statements of the witnesses were recorded. Dead body was sent for postmortem to Pr

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