LAWS(BOM)-2024-1-216

VANDANA GAUTAM PATIL Vs. UNION OF INDIA

Decided On January 30, 2024
Vandana Gautam Patil Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) In this appeal, filed under Sec. 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as "the Act of 1987" for short), challenge is to the judgment and order dtd. 30/3/2016 passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur, whereby the claim for compensation filed by the appellants came to be dismissed.

(2.) Background facts :-

(3.) The respondent-Railway filed written statement and opposed the claim. In sum and substance, the respondent-Railway denied the material facts pleaded in the claim petition. It was contended that the death was due to the negligence of the deceased and as such the death was not in an untoward incident. It was further contended that the deceased was negligent and responsible for the accident.