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2024 Supreme(Bom) 592

G. A. SANAP
Zulekhabi – Appellant
Versus
Union of India – Respondent


Advocates appeared:
C.A.Joshi, Advocate, Neerja Choubey, Advocate

JUDGMENT/ORDER

1. Heard finally with the consent of learned Advocates for the parties.

2. In this appeal, filed under Sec. 23 of the Railway Claims Tribunal Act, 1987 (for short, 'the Act of 1987'), the challenge is to the judgment and order dtd. 31/8/2016, passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur whereby the claim for compensation filed by the appellants/claimants came to be dismissed.

3. Background facts: Appellant No.1 is the wife of the deceased Syed Zafroddin. Appellant Nos. 2 to 8 are the children of the deceased. The appellants claimed that on 5/7/2013 the deceased was returning from Akola to Nandura by Amravati Bhusawal passenger train. The deceased was having two valid journey tickets. According to the appellants, the deceased fell from a train at Nandura railway station. He sustained severe injuries and died. According to them, the death of the deceased was in an untoward incident. The deceased was a bona fide passenger with valid journey ticket. On this count, they claimed compensation.

4. The respondent-railway contested the claim. According to the respondent, the deceased was not traveling with a valid journey ticket. It was further contended that the

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