1. The appellant / General Manager, Central Railways, filed this appeal under section 23 of the Railway Claims Tribunal Act, 1987 (in short the Act, 1987) questioning the award dated 17.11.2009 passed by the Railway Claims Tribunal, Nagpur bench, Nagpur whereby the appellant was directed to pay compensation of Rs.4,00,000/- in equal share to the respondents nos. 1 to 5 (original applicants nos. 1 to 5).

2. Facts are thus: On 29.3.2004 while travelling by train no.2151 Pune-Howrah Express, Pintho Tudu met with an accident by falling from the running train. The dead body was seen in between Parsodi – Nagpur Railway Line in Jamtha Shivar near Pole No.821/28. It was alleged that he was holding valid ticket. The applicant no.1 widow and applicant nos.2 to 5 – children, filed the claim petition for award of compensation of Rs.4,00,000/-.

3. The appellant resisted the petition. It is disputed that the death of Pintho Tudu was on account of untoward incident. It was further alleged that the deceased was not holding a valid ticket and therefore, not entitled to any amount of compensation.

4. The learned Tribunal framed as many as five issues for its determination. On behalf of