LAWS(BOM)-2025-2-232

JAGESINGH DUBERSINGH NAYAK Vs. UNION OF INDIA

Decided On February 25, 2025
Jagesingh Dubersingh Nayak Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) First Appeal has been preferred by the original Claimants challenging the dismissal of their application for compensation by the Railway Claims Tribunal vide judgment dtd. 9/4/2009.

(2.) The claim was filed seeking compensation for loss occasioned due to death of their son in an incident alleged to be an untoward incident on 22/11/2024. The Tribunal has dismissed the claim application on both counts of the deceased not being a bona fide passenger and that the death was not a result of untoward incident.

(3.) The Application came to be filed by Appellants pleading that the deceased had accidentally fallen down from an unknown local train near Lower Parel Railway Station on 12 th November 2004 and died on 22/11/2004 at Nair Hospital and that he had fallen due to excessive rush in local train. It was pleaded that he was holding a valid second class return ticket issued at Dadar Railway station which was lost in the untoward incident which ticket was purchased by the brother of deceased-Sugriv. Along with the Application, copy of post mortem report, panchnama, police report etc., were produced.