( 1 ) THE appellants who are the parents of the deceased Arvind Sanas have filed this appeal impugning a judgment and order passed by the members, Railway Claims Tribunal, Mumbai Bench in case No. OA 2002 255 on 4. 6. 2003 by which the tribunal has dismissed an application for compensation filed by the appellants.

( 2 ) THE facts of the case as made out from the application was that deceased Arvind Sanas boarded a train at Byculla Railway Station at 9. 30 a. m. and when the train came near Pole No. KM-27 his body came in contract with the railway pole since he was leaving out at the door. Thereby he sustained serious injuries and collapsed in the railway compartment itself. The body of the deceased Arvind was thereafter removed to K. E. M. Hospital. However, he failed to respond to the medical treatment and died in the Hospital on 11. 8. 2001 at about 8. 30 a. m.

( 3 ) THE defence of the respondents was that though the death of the deceased actually occured due to an accident, it was caused due to his own negligence and the injuries suffered by him were thus self inflicted injuries.

( 4 ) AT the stage of evidence, the appellant No. 1- Sahadeo Sindhu Sanas entered into witness box a

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