1. The First Appeal is preferred by the Union of India through the General Manager of Central Railway challenging the judgment and order dated 05th September, 2007 passed by the learned Members of the Railway Claims Tribunal, Mumbai Bench, Mumbai. The respondents herein filed a claim application under section 16 read with section 13 (1-A) of the Railway Claims Tribunal Act, 1987 claiming compensation on account of death of one Ganesh Suresh Pathare in an alleged untoward incident within the meaning of section 123(c)(2) of the Railways Act, 1989 (hereianfter referred to as the said Act).

2. According to the case of the respondents the deceased was travelling by a local train on 03rd February, 2002 from Ambarnath to Mumbai-CST. According to the respondents, the deceased was holding a second class railway pass for the period between 16th January 2002 to 15th February 2002. The case of the respondents made in the claim application is that when the said train reached at KM No. 32/14 near Thane railway station at about 18.35 hours, the deceased banged on a railway post due to which he fell down from the running t