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2023 Supreme(Del) 5063

MANOJ KUMAR OHRI
Malti Kumari – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Rajan Sood, Ms. Ashmia Sood and Ms. Megha Sood, Advocates, for the Appellants.
Mr. Subhash Tanwar, Mr. Sandeep Mishra and Mr. Ashish Choudhary, Advocates, for the Respondent.

JUDGMENT

Manoj Kumar Ohri, J.

1. By way of the present appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as the `Act'), the appellants being the widow and minor children of deceased Akash Kumar have assailed the order dated 12.08.2021 vide which the claim application filed by them was dismissed.

2. Briefly, before the Tribunal it was claimed that on 12.01.2019, the deceased alongwith one Kaptan Singh after purchasing a joint journey ticket bearing No. 96191415 undertook a train journey from Asaoti Railway Station to Mathura Junction Railway Station in Delhi Agra Cantt. Passenger Train No. 51902. As the train was overcrowded, not finding any seat, the deceased was standing near the door of the compartment. When the train was approaching Mathura Junction Railway Station, on account of sudden push by other passengers, the deceased fell from the moving train and died at the spot. During the physical search, journey ticket was recovered from the person of the deceased. However, the Tribunal disbelieved the incident to be an `untoward incident'.

3. Mr. Rajan Sood, learned counsel for the appellants has assailed the findings of the Tribunal

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