1. The appeal is by Railways against the Judgment and Order dated 11-01-2010 passed by the Railways Claims Tribunal, Nagpur Bench, Nagpur in Claim Application No. 118/OA-II/RCT/NGP/2006 awarding compensation in the sum of Rs.4,00,000/- to the respondents. The question raised by the appellant/Union of India – Railways in this appeal is as to whether the Railway Tribunal was right to award the claim in favour of the dependents of deceased Bhagwan Tukdoji Vasane on the ground that he, while travelling as a bona fide passenger by Train No.1386 Up Nagpur-Bhusawal Passenger on 11.06.2005, met with an untoward incident covered under Section 123(c) of the Indian Railways Act, 1989. My answer is affirmative for the following reasons.

2. The facts are:-

On 11-06-2005, deceased Bhagwan had gone to Malkapur. He had taken a ticket from Malkapur to Bhusawal by Train No. 1386 Nagpur-Bhusawal Passenger. Due to sudden jerk in the heavy rush, he fell down at KM 493/3, in front of Wireman’s duty room of Malkapur Police station and died. The respondent no.1 herein had filed the Claim Application for compensation in respect of the alleged untoward incident. The Railways resisted the Claim on t