LAWS(BOM)-2022-10-205

ASHOK Vs. UNION OF INDIA

Decided On October 20, 2022
ASHOK Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Being aggrieved by the judgment dtd. 2/2/2017, passed by the Railway Claims Tribunal (the "Tribunal"), Nagpur, in a claim petition for compensation, which was rejected by the Tribunal, the sons of the deceased have preferred this appeal under Sec. 23 of the Railway Claims Tribunal Act, 1987.

(2.) Brief facts are that the deceased Dhondabai, mother of the Appellants, while going from Gangakhed by train to meet her daughter at Jalna, fell down and succumbed to her injuries. It emerges from the statement of the Gangman/Keyman, Shri Santu Raoji Sawant that on 4/10/2012 at about 07:00 hours on the day of the incident, he was checking the railway track from Gangakhed Railway Station to Kilometer No.301 and while coming back, at about 13:00 hours, he came to know from some person that one lady was lying in a dead condition between the two lines at Kilometer No.299/1-2 and that, he informed the Station Master of the same at around 15:00 hours. Thereafter the Station Master has informed the Gangakhed Police for further action, after which, the Spot Panchanama, Inquest Panchanama and Postmortem proceedings were undertaken.

(3.) Thereafter, a claim petition was preferred by the Appellants on 23/11/2012 to claim compensation from the Respondent/Railway on account of the death of Dhondabai, widow of Baburao Parde, in a purported untoward incident, which occurred on 4/10/2012.