1. The question that arises for determination in this appeal is, as to whether the death of the husband of appellant no.1 occurred on account of “untoward incident” within the meaning of Section 123(c) read with Section 124-A of the Railways Act, 1989. The appellant no.1 being the widow, appellant nos. 2 to 4 being the children and appellant no.5 being the mother of the deceased had filed a claim petition under the provisions of the aforesaid Act claiming compensation for the death of Sanjay Awachare (deceased) on 30.03.2012, when he accidentally fell down from a running train while travelling from Bodwad to Bhusawal. The claim petition has been dismissed by the Railway Claims Tribunal, Nagpur, on the ground that the claimants have failed to prove that the death occurred on account of “untoward incident” as defined under the provisions of the said Act.

2. On 30.03.2012 at about 3 p.m. a memo was issued to the Police Inspector, Bodwad Police Station by the Deputy Station Superintendent of Bodwad Railway Station stating that driver of a goods train had informed that body of an unknown person was lying on the railway track at the spot of the incident between Bodwad and Bhusaw