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2023 Supreme(Bom) 1687

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


Advocates appeared:
Ravindra G. Bagul, Advocate, Neerja G. Chaubey, Advocate

JUDGMENT/ORDER

1. Heard learned Counsel appearing for the parties.

2. By this appeal, the applicants-original claimants have challenged the judgment and award dtd. 2/7/2019 passed by the learned Member of Railway Claims Tribunal at Nagpur (for short, "Tribunal") in Case No.OA(llu)/NGP/265/2017, whereby the Tribunal rejected the claim of the claimants.

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

    3.1 On 23/5/2017, the deceased Sanjay Wamanrao Wankhade obtained the ticket to travel from Warora to Wardha by train No.22128 Anandvan Express. While boarding in the train at Warora Station, he fell down from the train at the end of platform No.3 and sustained serious multiple injuries and during his treatment he died. Thus, as per the contention of the claimants, the death of the deceased was caused in an untoward incident, while boarding in the train. The claimants are the wife and two children of the deceased. As the death of the deceased was caused in an untoward incident, they are entitled to receive the compensation.

3.2 In response to the notice, the Railway Administration resisted the claim of the claimants on the ground that the deceased was

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