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2023 Supreme(Online)(Bom) 16730

BENCH AT NAGPUR
G. A. SANAP, J
Union of India, through General Manager, South East Central Railway, Bilaspur (Chattisgarh) – Appellant
Versus
Smt. Sunita Wd/o Rashtrapal Sirsat, Aged about 23 years, Occu. Household work – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Neeraja Choube
For the Respondents: Mr. C. A. Joshi

Table of Content
1. the appeal and cross-objection arise from the tribunal's order. (Para 1 , 2)
2. factual background of the deceased, including his service and accident. (Para 3 , 4 , 5)
3. arguments presented regarding the validity of the deceased's actions. (Para 8 , 9 , 10)
4. legal interpretations regarding untoward incidents and negligence. (Para 11 , 13)
5. final ruling on the compensation awarded and dismissal of the appeal. (Para 14 , 15 , 16 , 18)
ORAL JUDGMENT

1. The first appeal and the cross-objection arise out of the judgment and order dated 29.03.2016, passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur and therefore, the same are being disposed of by common judgment.

2. The appeal is filed by original respondent-Railway and the cross-objection is filed by respondent nos.1 to 3/original claimants mainly on the ground that the share in the compensation granted to respondent nos.4 and 5 was not in accordance with law.

3. Background facts :

Respondent no.1 is the wife of deceased Rashtrapal Shirsat.

Respondent nos.2 and 3 are the children of the deceased and respondent nos.4 and 5 are the parents of the deceased. The deceased was serving in ‘Shastra Seema Bal’ as a Consta

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