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2023 Supreme(Del) 2029

MANOJ KUMAR OHRI
Sunita Pal – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Sanchit Vashistha, Mr. M. Chaudhary and Mr. S. Pandit, Advocates, for the Appellants.
Mr. Balendu Shekhar, CGSC with Mr. Sriansh Prakash, Mr. Krishana Chaitanya and Mr. Raj Kumar, Advocates, for the Respondents.
Mr. Jitendra Kr. Singh and Ms. Anjali Kumari, Advocates, for the Respondent.

JUDGMENT

Manoj Kumar Ohri, J. (Oral)

1. By way of the present appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987, the appellants/claimants have assailed judgment dated 04.10.2018 passed by the Railway Claims Tribunal, Principal Bench, Delhi in Claim Application No.OA(IIu)207/2017, whereby the claim application filed on their behalf has been dismissed.

2. Learned counsel for the appellants has contended that in the impugned judgment, the deceased was wrongly held not to have been a bonafide passenger, despite the fact that the journey ticket was recovered and the factum of recovery was reflected in the panchnama prepared by the respondents' officials.

3. Learned CGSC for the respondents, on the other hand, has supported the impugned judgment and contended that the Tribunal rightly disbelieved the panchnama on account of different handwritings appearing in it.

4. I have heard learned counsels for the parties and perused the material placed on record.

5. A perusal of the case records would show that in the claim application filed by the appellants, it was stated that after purchasing a valid journey ticket, deceased/Naresh Pal had undertaken a train journey fr

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