1. Heard Mr.N.P. Lambat, learned Counsel for the appellant and Mr. A.B. Bambal, learned Counsel for respondent nos. 1 to 5.

2. This appeal is preferred against the Judgment and Award passed by the Railway Claims Tribunal, Nagpur Bench in Claim Application No. OA (IIu)/NGP/2009/0020, dt.2.6.2010 whereby compensation in the sum of Rs.4,00,000/- was awarded to the respondent.

3. Briefly stated the facts are as under :

Late Mr. Sheshrao Dangat was travelling on 1.4.2008 by Nizamabad-Pune passenger train from Umri to Nanded. He fell down from the train between Umri and Shivangaon Railway Stations due to jerk at the spot near KM 389/500 and sustained injuries and died. When claim was made for the untoward incident of accident u/s.123(c)(2) of the Railways Act, the Railway Administration resisted it on the ground that the alleged incident of accidental fall was not an untoward incident. Secondly, it is resisted on the ground that the passenger was not holding railway ticket for the travelling.

4. Heard submissions advanced at the bar. Perused the evidence as well as the Judgment and Award passed by the learned Member of the Railway Claims Tribunal along with police papers produced f