This Civil Miscellaneous Appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987, by the applicants in O.A.A.No.85 of 2002 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad, assailing the order dated 8-1-2008, whereby and whereunder the claim made by them claiming compensation of Rs.4.00 lakhs for the death of their son Manoj Kumar Shekhawat in an untoward incident happened on 27-6-2001 ended in dismissal.

2. Background facts in a nutsell leading to filing of this C.M.A. by the applicants in O.A.A.No.85 of 2002 are:

(a) The appellants herein are applicants in O.A.A.No.85 of 2002. They filed the application in O.A.A.No.85 of 2002 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad, under Section 16 of the Railway Claims Tribunal Act r/w. Sections 124-A and 125 of the Railways Act, 1989, claiming compensation of Rs.4.00 lakhs for the death of their son Manoj Kumar Shekhawat, aged 18 years, in an untoward incident happened on 27-6-2001 near Ramarajupalli R.S. while travelling by Train No.2628 New Delhi – Bangalore Karnataka Express. The 1st applicant is the father and the 2nd applicant is the mother of Manoj Kumar Shekhawat. Manoj Kumar Shekhawat was travelling by Train No.2628 New Delhi – Bangalore Karnataka Express, on the night of 25-6-2001 in Sleeper Coach No.S12, berth No.20, holding Journey-cum-reservation Ticket No.78911613 from New Delhi to Bangalore. While travelling, he slipped and fell down accidentally from the said running train on 27-6-2001 and thereupon, he came into contact with a signal pole in the yard of Ramarajpalli RS at KM 254/10 and sustained severe multiple injuries and met with instantaneous death. Applicant No.1 received a telegram on 29-6-2001 at 7.50 p.m. from Railway P.S., Gooty. He reached Bangalore on 30-6-2001 and made enquiries with the concerned railway authorities about the death of his son Manoj Kumar Shekhawat. He identified the deadbody by seeing clothes, shoes, identity card and journey-cum-reservation ticket as that of his son. By the time he reached Gooty, deadbody of his son had been buried by the railway police. The applicants presented claim petition before the Railway Claims Tribunal, Secunderabad Bench at Secunderabad, claiming compensation of Rs.4.00 lakhs for the death of their son Manoj Kumar Shekhawat.

(b) The respondent-Railways filed written statement resisting the claim of the applicants. The main plea of the respondent-Railways is that the death of the deceased was due to his own criminal act, which absolves the Railway administration from paying any compensation.

(c) The learned Tribunal formulated the following issues for consideration:

(1) Whether the applicants are dependents of the deceased Manoj Kumar Shekawat.

(2) Whether the deceased was a bona fide passenger of the train No.2628 New Delhi – Bangalore Karnataka Express travelling from New Delhi to Bangalore on 25-6-2001?

(3) Whether the deceased died on account of an untoward incident of accidental fall from the train?

(4) To what relief?

(d) On behalf of the applicants, one witness was examined as A.W.1 and nine documents were marked as Exs.A-1 to A-9. On behalf of the respondent-Railways, two witnesses were examined as R.Ws.1 and 2 and three documents were marked as Exs.R-1, C-1, C-1/10.

(e) The Tribunal, on considering the material brought on record and on hearing the counsel appearing for the parties, held issue Nos.1 and 2 in favour of the applicants and issue Nos.3 and 4 against the applicants and thereby dismissed the claim petition filed by them, by order dated 8-1-2008. Hence, this CMA.

3. Heard learned counsel appearing for the appellants/applicants and learned Standing Counsel appearing for the respondent-Railways.

4. Learned counsel appearing for the appellants/applicants submits that the reasoning given by the Tribunal that the death of the deceased was due to his own criminal act is unsustainable. He would further submit t