The burden of proof to establish an 'untoward incident' under section 123(c) of the Railways Act, 1989, lies with the claimants, who must demonstrate the deceased's presence on the train and the occurrence of the alleged incident.

Admit. The learned counsel for the respondent waives service of notice. Heard the matter finally by consent of the learned counsels appearing for the parties.

2. The Railway Claims Tribunal Bench at Nagpur has dismissed the Claim Application No. OA (IIu)/NGP/2010/0149 for compensation of Rs. 4,00,000/- on account of death of one Kiran s/o Somaiya Yennam, who alleged to have died in an untoward incident. The claimants who are the dependents of the deceased filed Claim Petition under section 16 of the Railway Claims Tribunal Act, 1989 (hereinafter referred to as "the said Act), which was dismissed on 14-11-2013, against which this appeal under section 23 of the said Act, has been preferred.

3. Before the Tribunal, the following issues were framed as under:-

(1) Whether the applicants prove that they are the dependents of deceased Kiran s/o Somaiya Yennam?

(2) Whether the respondent railway proves that deceased Kiran s/o Somaiya Yennam was not a bona fide passenger on 4-3-2010 of the train, with valid journey ticket?

(3) Whether the applicants prove that deceased died in an untoward incident in terms of section 123(c) of Railways Act, 1989, on 4-3-2010?

(4) What relief? What order?

4. On Issue No. 1, the finding is that the claimants have proved that they are the dependents of the deceased. On Issue No. 2, the finding is recorded that the Railway Administration has established that deceased Kiran was not a bona fide passenger travelling in a special train from Badnera to Surat on 4-3-2010, and on Issue No. 3, the finding is recorded that the claimants have failed to establish that the deceased died in an untoward incident, as defined under section 123(c) of the Railways Act, 1989.

5. In the background of the facts and circumstances of the case and the contentions raised, the following points fall for determination by this Court.

(I) Whether the Tribunal was right in holding that the claimants have failed to establish that the deceased died in an untoward incident in terms of section 123(c) of the Railways Act on 4-3-2010; and

(II) Whether the Tribunal has committed an error in holding that the Railway Administration has established that the deceased was not a bona fide passenger in a special train travelling from Badnera to Surat by Hawrah-CSTM train?

6. The claimants have produced on record the original railway ticket (Exh.AW1/7), dated 4-3-2010 for the travel from Badnera to Surat for Rs. 126/-. Perusal of the said ticket does not indicate the name of the passenger, but that may not be of much significance against the claimants. The significant fact is that there is absolutely no evidence to show the source from which the claimants have obtained the said ticket. It is the statement of AW-1 Umadevi, widow of the deceased, in her cross-examination that the police had handed over her cash, cheque and the journey ticket. But the fact remains that the receipt dated 6-3-2010 at Exh.A/6 in respect of items found on the person of the deceased handed over by Police Inspector, Shegaon, to the father of the deceased does not include the ticket at Exh. A-1/7. The Railway Tribunal took into consideration the documents i.e. spot and inquest panchnama, dead body receipt and the statement given to the Police by the widow of the deceased, to hold that the claimants have planted the ticket which was procured subsequently.

7. Section 123(c) of the Railways Act, 1989, defines untoward incident as under:-

"123. Definitions. - In this chapter, unless the context otherwise requires, - (a) .. (b) .. (c) "untoward incident" mean - (1) (i) the commission of a terrorist act within the meaning of sub-section (1) of section 3 of the Terrorist and Disruptive Activities (Prevention) Act, 1987, or (ii) the making of a violent attack or the commission of robbery or decoity, or (iii) the indulging in rioting, shootout or arson; by any person in or on train carrying passengers, or in a waiting hall, cloak room or reservation or booking office or on any platform or