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PRADEEP NANDRAJOG
JAMIRUL NISHA – Appellant
Versus
UNION OF INDIA (UOI) – Respondent


Advocates Appeared:
For the Appellant : Pratima N. Chauhan
For the Respondent: S.R. Narayan

JUDGMENT :

Pradeep Nandrajog, J.

1. Present appeal lays a challenge to the order dated 20.11.2006 passed by the Railway Claims Tribunal, Principal Bench, Delhi dismissing the claim application of the appellants.

2. Appellants had filed a claim application u/s 124A of the Railways Act, 1989 claiming compensation in sum of Rs. 6 lakhs on account of the death of Late Sh. Sarfaraj Khan (hereinafter referred to as the deceased) alleged to have been caused when he had accidentally fallen from a train.

3. In the claim application it was averred that on 10.05.2003 the deceased had boarded EMU passenger train GDM 1 from Nizamuddin station for a journey from Nizamuddin to New Delhi Railway Station. That since the train was overcrowded the deceased got a place near the door of a compartment of the train. That at around 8.45 AM when the train was approaching Tilak Bridge Railway Station there was a sudden jerk due to which the deceased fell down from the train and died of injuries received as a result thereof. That the deceased was a bona fide passenger and that the death of the deceased was a result of an 'untoward incident' which happened when he was traveling in EMU passenger train GDM 1. That

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