JUDGMENT

Anil Satyavijay Kilor, J.

1. This appeal is directed against the judgment and award dated 24th April, 2008, passed by the Railway Claims Tribunal, granting sum of Rs. 4,00,000/- towards compensation along with interest @ 6% p.a., to the claimants/respondents.

2. The facts leading to the present appeal are that, the respondent/claimants filed a claim petition under section 16 of the Railway Claims Tribunal Act 1987 (herein after referred as 'Act, 1989'), before the Railway Claims Tribunal, seeking compensation on account of death of their son Rajesh in an untoward incident.

3. It is the case of the claimants/respondents that deceased Rajesh was travelling from Thane to Parbhani by Mumbai-Nanded "Nandiram Express", train - No. 7605 and while returning from the toilet due to sudden jerk to the running train, accidentally he fell down from the running train near Parbhani Railway Station and was seriously injured in the said accident. He died in the hospital during treatment.

4. The railway/appellant in its written statement resisted the claim on the ground that the injuries found on the body of the deceased were self inflicted. The appellant further in its written statement denied