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RAILWAY CLAIM TRIBUNAL - MUMBAI
Niva Singh, Technical Member
Shiv Bahadur Verma – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. establishing the claims application and initial evidence against the respondent. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. requirement of proving dependent status and the burden of proving bona fide passenger status. (Para 8 , 9 , 10 , 11 , 12) |
| 3. distinguishing untoward incidents from cases of trespassing and run-over by trains. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
JUDGEMENT
1). This Claim Application is filed by the applicants under Section 16 of the Railway Claims Tribunal Act, 1987 read with Section 123 (c) (2) & Section 124 - A of the Railways Act, 1989 for compensation arising out of an alleged untoward incident occurred on 11.05.2016 involving death of Sanjay Shiv Bahadur Verma, (herein after referred as the deceased). The Applicant claim that, being parents of the deceased, are dependents of Sanjay Shiv Bahadur Verma.
The factual matrix of the matter in nut-shell is as below:
2. It is stated that, the deceased, Sanjay Shiv Bahadur Verma, was a resident of Uttar Pradesh. It is alleged that, on 11.05.2016, the deceased was travelling from Kalyan to Allahabad Railway Station. At about 08:48 hours, when the tra
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