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2023 Supreme(Bom) 1994

U. J. PHALKE
Malabai – Appellant
Versus
Union of India – Respondent


Advocates appeared:
H.S. Dhande, Advocate, N.G. Chaubey, Advocate

JUDGMENT/ORDER

1. Heard learned Counsels appearing for the parties.

2. The judgment and award passed by the Railway Claims Tribunal, Nagpur (for short, "Tribunal") in case No.OA(IIu)/NGP/249/2017 dtd. 4/6/2019 is under challenge in this appeal by the claimants as the Tribunal dismissed the claim of the claimants.

3. The facts giving rise to filing of the present appeal can be summarized as follows:

    On 17/2/2017, the deceased Rushikesh alongwith Rajesh, Gajanan and Prafulla came at Nagpur from Hinganghat. All four of them were proceeding to Pachmarhi for 'Mahadev Yatra'. Rajesh i.e., appellant No.2 purchased railway ticket from Nagpur to Amla and they boarded in Gorakhpur Express from Nagpur Railway station. Due to heavy rush on the platform, the deceased and his friends boarded in different bogies. During the journey, the deceased fell down from the running train at KM No. 1029/3 near Bharatwada Railway Station, however, as the companions of deceased were in a different bogies, they were not aware about the incident. On arriving at Amla Railway Station, the deceased was not found, but other three friends completed the Yatra and returned at Hinganghat. Subsequently, they came to know t

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