MOTILAL B. NAIK, J.

( 1 ) THIS appeal is filed assailing the order made in OAA No. 66 of 1998 dated 10-9-1999 by Railway Claims Tribunal, Secunderabad.

( 2 ) APPELLANTS, six in all, residents of Budigadda Basthi, Bellampally, Adilabad district, instituted the said O. A. A. No. 66 of 1998, seeking compensation of Rs. 4 lakhs for the death of Godisela Rajaiah. The 1st appellant is the wife, 2nd appellant is the mother and appellants 3 to 6 are the daughters of the deceased Godisela Rajaiah. The case of the appellants before the tribunal was that on 8-3-1998 Godisela rajaiah was travelling in DN Mangala express train from Chandrapur to ramagundam in a general compartment with ticket bearing No. 25674. He accidentally fell down from the train at the place between Rechini RD/bellampally at kms. 239/20-22 and died on the spot. On account of the death of Godisela Rajaiah, the appellants herein claimed a compensation of rs. 4 lakhs.

( 3 ) ON behalf of the Railways, a written statement was filed denying the fact that the death was caused on account of falling from any train. However, the respondent admitted the fact that the ticket bearing no. 25674 is a II class ticket issued at chandrapur on 8-3-1998.

( 4 ) ON the basis of the pleadings, the Railway Claims Tribunal framed the following issues: (1) Whether the applicants are dependents of the deceased? (2) Whether the deceased was a bona fide passenger? (3) Whether the accidental fall as alleged is not an untoward incident? (4) To what relief?

( 5 ) ON behalf of the appellants-applicants, the wife of the deceased G. Rajamma, who is the 1st appellant, was examined as A. W. I. Certified copies of final report and postmortem examination report were marked as ex. A-5 and A-6. The Photostat copies of ration card and dependant certificate were marked as Exs. A-8 and A-9. On behalf of the respondent, one N. Venkataiah, was examined as R. W. I. The Govt. Railway police produced the record of the original ticket bearing No. 25674 and the voter identity card was also produced on behalf of the Railways.

( 6 ) ON the basis of the material, the Railway Claims Tribunal (hereinafter referred to as "the Tribunal"), on issue No. 1 held that all the applicants are the dependants of the deceased. On issue No. 2, the Tribunal, on the basis of the record relating to the issuance of ticket bearing no. 25674 on 8-3-1998 for the journey from chandrapur to Ramagundam, held that the deceased was a bona fide passenger. On issue no. 3, the Tribunal held that since no material is placed before the Tribunal to show that the deceased had an accidental fall from a train and in view of the report of the Deputy Superintendent, Bellampally that one male dead body aged about 40 years is lying inside of Down line between rechini Road/bellampally at Kms. 239/20-22, there was no accidental fall from a particular train in which the deceased supposed to have travelled. The Tribunal further held that there is no substantial evidence to show how the body was brought to the accident site. Relying on a decision of the Supreme Court in Union of india and others v. Sunil Kumar Ghosh1 the tribunal decided the 3rd issue against the applicants as if there was no accidental fall by the deceased from the train. Having decided the 3rd issue against the applicants, with regard to issue No. 4, which relates to granting relief, the Tribunal held that no relief could be granted and accordingly dismissed the O. A. A. by order dated 10-9-1999. It is this order, which is assailed before this Court in the present appeal.

( 7 ) IT is submitted by the learned Counsel for the appellants that the Tribunal though held that the deceased was a bona fide passenger having purchased valid ticket and that the applicants are the dependants of the deceased, yet the Tribunal applying the ratio laid down by the Supreme Court in the decision (1 supra) rejected the claim of the appellants on the ground that there was no accidental fall and the accidental fall ha

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