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2008 Supreme(All) 2846

DEVI PRASAD SINGH, SATISH CHANDRA
AKHTARI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel :
Manish Kumar Srivastava for the Appellant; Anil Srivastava for the Respondent.

JUDGMENT

Hon’ble Devi Prasad Singh, J.—Present appeal has been preferred against the impugned award of Railway Claims Tribunal (in short ‘Tribunal’) rejecting the claim of the appellant. Brief matrix of the case is summarized as under :

2. One Mohd. Naim, son of appellant Smt. Akhtari, while travelling by 50 Dn. Passenger train from Hargaon Railway Station to Lakhimpur Railway Station on 26.4.1998 fell down from train due to the sudden jerk at Km. 113/6. According to the appellant, the deceased was having a Second Class ticket. After falling down from the train, he was dragged for more than 100 meters and suffered serious injuries at right leg and knee of the left leg as well as skull. The bruises and scratches were found on the stomach and back of the body of the deceased as per medical report. Clothes were torn and he was only with underwear and terricot shirt when his dead body was recovered. At the time of search by the police, no ticket was recovered from the possession of the deceased’s body. According to the appellant, the deceased was the sole earning member of his family leaving behind old mother (appellant), a brother and five sisters. The appellant claimed compensation to















































































































































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