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2021 Supreme(Jhk) 837

ANANDA SEN
Prithibi Nath Singh – Appellant
Versus
Union of India through the General Manager, Eastern Central Railway – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ashok Kumar Singh.
For the Respondents: Mr. Vijay Kumar Sinha, Ms. Ganga Kumari Kachhap.

JUDGMENT :

ANANDA SEN, J.

1. This appeal has been filed under Section 23 of the Railway Claims Tribunal Act, 1987 by the claimants challenging the judgment dated 21.07.2014, passed by the Member (Technical), Railway Claims Tribunal, Ranchi bench in OA(IIU)/RNC/2010/0059, by which the Railway Accident Claims Tribunal has dismissed the claim application of the claimants.

2. A claim application was filed by the claimants stating therein that on 01.04.2009, Mani Shankar Kumar alongwith his friend was travelling in Dhanbad-Gaya Intercity Express from Dhanbad to Gomoh. He was holding a monthly pass. It is the case of the claimants that he fell down from the running train, received fatal injuries and ultimately, expired on 07.04.2009 in course of treatment. It is further case of the claimants, who are the parents of the deceased that they were dependent on the deceased and thus, the amount of compensation to the tune of Rs. 4 lakhs alongwith interest should be granted.

3. Respondent Eastern Central Railway contested the claim by filing written statements. They stated that the incident was not an untoward incident thus, no compensation should be granted to the claimants. It is their case that

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