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2023 Supreme(Jhk) 158

SANJAY KUMAR DWIVEDI
Kanhai Bind, s/o late Beni Bind – Appellant
Versus
Union of India, through General Manager, East Central Railway – Respondent


Advocates Appeared:
For the Appellant : Mrs. Chaitali C. Sinha.
For the Respondent: Mrs. Neeta Krishna.

JUDGMENT :

1. Heard Mrs. Chaitali Chatterjee Sinha, the learned counsel appearing for the appellant and Mrs. Neeta Krishna, the learned counsel appearing on behalf of the respondent/Railways.

2. The present appeal has been directed against the order dated 20.08.2013 passed by Member/Technical, Railway Claims Tribunal, Ranchi Bench, in Case No.OA(II-u)/RNC/2010/0135 (Old No.OU- 70083/07) whereby the learned Tribunal has been pleased to dismiss the compensation case filed by the appellant.

3. The learned counsel for the appellant submits that on 09.08.2007 after purchasing and having valid second class train ticket for Jasidih to Gaya, Mau Bind @ Mau Devi boarded Train No.805 Up Rampur Halt- Gaya Passenger at Kiul station after reaching Kiul from Jasidih by another train for going to Gaya. As the train was approaching Gaya passengers started reaching near the gate of the compartment and the deceased was also standing at the gate to get down at the Gaya station. While the said train was running between Manpur and Gaya (Km 464/23 and 464/21) the deceased accidentally fell down from the running train on account of heavy rush and intense jostling of the passengers which resulted in her dea

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