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2023 Supreme(MP) 41

G. S. AHLUWALIA
Ranjeet Sihote – Appellant
Versus
Union of India – Respondent


Advocates:
Ashok Shrivastava for appellants; Devesh Bhojne for respondent.

JUDGMENT

1. This Miscellaneous Appeal under section 23 of the Railway Claims Tribunal Act has been filed against the judgment dated 30.8.2019 passed by Railway Claims Tribunal, Bhopal Bench, Bhopal, in case No. OA-IIu/BPL/122/2017, by which the claim filed by the appellants has been rejected on the ground that neither the deceased – Shubham Sihote was a bonafide passenger nor he met with an untoward accident.

2. The facts of the case are that on 3.1.2017, the dead body of Shubham Sihote was found on the down main line at Narsinghpur Railway Station. The Security Commissioner submitted a report accepting that the deceased had died because of fall from a running train. However, it was also mentioned in the report (Ex.R-1) that since no ticket was found, therefore the deceased was not a bonafide passenger.

3. The appellants filed a claim petition that the deceased after purchasing the ticket from Bhopal to Jabalpur came to Itarsi and from thereafter by changing the train, he was travelling in other train and he fell down from a running train at Railway Station Narsinghpur.

4. The respondent relied upon the report submitted by the Security Commissioner (Ex.R-1). In the said report, the f

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