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2021 Supreme(All) 1315

J. J. MUNIR
U. O. I. through General Manager Northern Railway, New Delhi – Appellant
Versus
Harish Chandra Tiwari – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mahendra Kumar Misra.
For the Respondents: Dhiraj Chaurasiya, Keshav Ram Chaurasia, Om Hari Tripathi.

JUDGMENT :

J.J. MUNIR, J.

1. This is an appeal by the Union of India through the General Manager, Northern Railways from a judgment and order of the Railway Claims Tribunal, Lucknow Bench, Lucknow, in Case No. OA/II/U/384/2013, Harish Chandra Tiwari vs. Union of India, awarding compensation to the claimant-respondent on account of his father's death in a railway accident.

2. The claimant, Harish Chandra Tiwari, instituted proceedings under Section 16 of the Railway Claims Tribunal Act, 1987 with allegations that on 17.03.2011, his father, Ram Prasad Tiwari, died in a railway accident, while travelling on board the Ganga Gomti Express from Lucknow to Prayag. It was pleaded by the claimant that his father boarded the Ganga Gomti Express at Lucknow with Prayag as the destination on a Second Class ticket, on 17.03.2011. As the train was moving near the Up Advance Signal at the Lalgopalganj Railway Station, the deceased suddenly fell off the train. In consequence of the injuries sustained in the accident, Ram Prasad Tiwari died. The petitioner filed a written statement, wholesomely denying the respondent's claim. The claim was particularly resisted on the plea that the deceased was neither

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