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 Bhusawal. On the basis of the said memo, a report of accidental death was recorded under Section 174 of the Code of Criminal Procedure at about 5.30 p.m. on 30.03.2012. An inquest panchanama and spot panchanama were prepared on the same day and the body was sent for post mortem examination. While the spot panchanama recorded that the body of the deceased was sent to the Rural Hospital, Bodwad, there was nothing found at the spot of the incident for being seized, but, the inquest panchanama of the body recorded the details of the clothes on the body of the deceased and the fact that a ticket bearing No. 54070614 was found in the pocket of the pant of the deceased.

3. On the basis of the said incident, the appellants filed claim petition before the Railway Claims Tribunal, Nagpur, praying for grant of compensation in terms of the provisions of the said Act. The ticket dated 30.03.2012 found from the body of the deceased and other documents, including inquest panchanama, spot panchanama and post mortem report, were placed on record before the Tribunal. The appellant no.1, being the widow of the deceased, appeared as witness no.1 in support of the claim petition and father of the deceased appeared as witness no.2. The Deputy Station Superintendent of Bodwad Railway Station appeared as witness on behalf of the respondent, Union of India, through the General manager, Central Railway.

4. The Tribunal passed its judgment and order on 06.08.2015 dismissing the claim petition/application of the appellants. The tribunal held that the claimants/appellants had failed to produce sufficient oral and documentary evidence on record to prove that the deceased had died on account of “untoward incident” within the meaning of Section 123(c) read with Section 124-A of the said Act. It was held that when this basic requirement was not proved, the claim of compensation could not be considered on merits at all. The tribunal held that the evidence on record was not enough to show that the deceased had fallen from running train and that therefore, when the basic ingredients for proving the “untoward incident” were not proved, no relief could be granted to the claimants. Aggrieved by the said judgment and order of the Tribunal, the appellants have filed this appeal.

5. Mrs. M.P. Kshirsagar, learned counsel appearing on behalf of the appellants submitted that the approach adopted by the tribunal in the impugned judgment and order was not only erroneous but that it was hyper technical in nature. It was submitted that when the ticket recovered from the body of the deceased was on record, which was also mentioned in the inquest panchanama, the emphasis placed by the tribunal on the spot panchanama showing lack of recovery or seizure of property, was wholly erroneous. It was submitted that t