One P. Narasimha Rao, husband of the 1st appellant and father of appellants 2 to 4, boarded a Train, bearing No.6039 - Ganga Kaveri Express, at Vijayawada, on the intervening night of 4th and 5th January, 1997, to go to Warangal. He accidentally fell from the train at Mahaboobabad and died, while undergoing treatment. The appellants filed O.A.A.No. 47 of 1997 before the Secunderabad Bench of the Railway Claims Tribunal (for short 'the Tribunal). It was pleaded that the deceased was a bona fide passenger and died in an untoward incident. The respondent opposed the claim, by filing written statement. The appellants were put to strict proof of the facts pleaded by them, including the fact that they are the legal heirs of the deceased. The Tribunal dismissed the claim petition, through its order, dated 04-12-2007.

Hence this appeal.

2. Learned counsel for the appellants submits that there was no dispute, as regards the fact that the deceased was travelling in Ganga Kaveri Express, and that he has fallen and died, while the train was in motion. He contends that the evidence of A. W -2 and the Pointsman of Mahaboobabad cabin, clearly established that the death was due to accidental