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2024 Supreme(MP) 287

DUPPALA VENKATA RAMANA
Ramkishore Sahu – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant : Ms. Neha Bhatia.
For the Respondent: Sanjay Sarwate.

JUDGMENT :

Duppala Venkata Ramana, J.

This is an appeal challenging the judgment dated 28th June, 2021 passed by the Railway Claims Tribunal, Bhopal (for short “the Tribunal”) in Case No. OA-IIu/BPL/214/2017, dismissing the claim of the appellants.

2. For the sake of convenience, the parties are referred to as they were arrived before the Tribunal.

3. The facts of the case, as summarized in the impugned judgment as extracted below.

4. In the present petition Santosh Sahu was travelling on 6-4-2017 by Train No. 16031 Andaman Express from Betul to Bhopal after having purchased a second class general ticket bearing No. AE-675471373 on the fateful day. When the train reached near Habibganj Station, the deceased slipped and fell from the moving train due to sudden jerk while the train passing through the Habibganj Station as a result both his legs were cut of by the train and sustained severe injuries and shifted to Hospital, where during treatment, he succumbed to injuries. It is submitted that untoward incident happened due to sole negligence of the respondent/Railways, therefore, Railways is liable to pay compensation to the appellants/claimants for an untoward incident as the deceased wa

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