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2014 Supreme(MP) 1352

SANJAY YADAV
Hariram – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant :M. Shafiqullah, Advocate
For the Respondents: G.P. Patel, Standing Counsel

JUDGMENT :

Sanjay Yadav, J.:-

With consent of learned Counsel for the parties, the matter is finally heard.

2. Appeal under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as 'the 1987 Act') is directed against the order dated 13.03.2014 passed by Railway Claims Tribunal in Claim Case No. OA/IIU/2010/0001; whereby, claim application filed by the appellants/claimants under Section 16 of the 1987 Act for compensation in lieu of death of their son Nirbhay Singh has been rejected.

3. Facts adverted to before the Tribunal, as borne out from impugned order, are that Nirbhay Singh, son of appellants on 05.09.2009 while traveling ex-Bina to Janshi by Dakshin Express died in an untoward incident as he fell down from the general coach of the train which was over-crowded and was compelled to stand near the door of the coach. The dead body was found between Agasaud and Karonda stations. General Railway Police, Bhangarh registered a case vide Merg No. 28/2009 and conducted Naksha Panchayatnama and the post-mortem was done at District Civil Hospital, Bina.

4. Appellants/claimants filed a claim for compensation in lieu of death of Nirbhay Singh which as per them was due to






















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