BOMBAY HIGH COURT
Anuja Prabhudessai, J
Mrs. Seema Wd/o Sanjay Pathare – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. claim involves a deceased railway employee's death in a train incident. (Para 1 , 2 , 3) |
| 2. argument about the deceased's status as a legitimate passenger. (Para 6 , 7) |
| 3. evidence assessment regarding the validity of the passenger's ticket. (Para 8 , 9 , 10) |
JUDGMENT :-
1. This appeal under Section 23 of the Railway Claims Tribunal Act , 1987, assails the Judgment and Award dated 28/06/2019 whereby dismissing the Claim Application No. OA (II u) / MCC/0483/2013 fled under Section 124 A of the Railways Act , 1989.
2. The brief facts necessary to decide this appeal are as under:-
The Appellant No.1 is the widow and the Appellant No.2 is the daughter of Sanjay Pathare, who died on 30/03/2011 in a train accident. The deceased Sanjay, who was a railway employee was proceeding from Thane to Rabale by a local train under a valid train pass. It was the case of the Appellants that the deceased fell of the running train and sustained fatal injuries and died on the spot. The Appellants claimed that the deceased was a bonafde passenger and that his death was caused in an ‘untoward incident’. The Appellants fled a claim application under Section 124-A of the Railways Act , 1989 s
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