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2023 Supreme(Jhk) 725

KAILASH PRASAD DEO
Rekha Devi – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Rajesh Kumar Jha, Advocate
For the Respondent:Mr. Akash Deep, Advocate:Mr. Bikram Kumar Sah, Advocate

JUDGMENT :

1. The appellants Rekha Devi, W/o the deceased Ajay Thakur, Priti Kumari, minor daughter of the deceased Ajay Thakur, Bittu Kumar, minor son of the deceased Ajay Thakur and Anjani Kumari, minor daughter of the deceased Ajay Thakur all resident of Village/Mohalla-Madhopur, PO-Madhopur, PS-Satgawa, District-Koderma (Jharkhand) have preferred this appeal against the dismissal of their Claim Case No.OA (iiu)/RNC/2007/0062, OLD No. OU-70062/07, passed by learned Member (Technical) Railway Claims Tribunal, Ranchi Bench, Ranchi vide Judgment dated 08.12.2014, whereby the claim application of the applicants has been rejected on the ground that applicants are not entitled to compensation under Section 124-A of the Railway Act.

2. Learned counsel for the appellants, Mr. Rajesh Kumar Jha has submitted, that the learned Railway Claims Tribunal has completely failed to consider the fact brought on record and the judgment passed by the Hon'ble Supreme Court in the case of Union of India vs. Prabhakaran Vijaya Kumar, & Ors. reported in 2008(9) SCC 527 and Union of India vs. Rina Devi, reported in (2019) 3 SCC 572.

3. Learned counsel for the appellants, Mr. Rajesh Kumar Jha has further sub

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