1. Heard submissions at the Bar.

2. By means of this appeal, the appellant Union of India is challenging the judgment and award passed in Claim Application No.03/OA-II/RCT /NGP/2006 decided by learned Member (J), Railway Claims Tribunal, Nagpur Bench Nagpur (in short “the Tribunal”) on 19.2.2009 whereby compensation was awarded in the sum of Rs. 4,00,000/- in favour of the respondents-claimants.

3. In support of the appeal, Mr. P. S. Lambat, learned counsel for the appellant, contended that the Tribunal erred in law in awarding compensation as burden of proof was not discharged on behalf of the claimants to establish that deceased was a bona fide passenger and met with an untoward incident as contemplated under section 123

(c) read with Section 124A of the Railways Act, 1989 ( in short “the said Act”). It is contended that photostat copies of ration card and school leaving certificate ought not to have been considered by the Tribunal as they were not duly proved. It is further submitted that the documentary as well as oral evidence led on record was overlooked by the Tribunal and with the result, the Tribunal reached a wrong conclusion that deceased had met with an untow