JUDGMENT

Prithviraj K. Chavan, J. - This is an appeal challenging the Judgment and Order passed by the Railway Claims Tribunal Mumbai Bench, Mumbai on 30th June, 2017 in Claim Application No. OA (II u)/MCC/0200/2012 by which the Tribunal dismissed the Claim Application of the appellants who are the dependants of one Shankarlal Giri (for short 'deceased').

2. Briefly stated the facts are as follows;

The deceased was aged about 55 years and was a private car Driver. He was travelling by an unknown local train from Bhandup to Dadar on a strength of a valid second class railway ticket. When the said train reached between Bhandup and Kanjurmarg Railway station, near K.M No.26/1B, due to overcrowded train, he fell off the running train resulting into amputation of both of his legs and ultimately resulting into his death.

3. The appellants, who are claimants, namely his widow and two major sons have moved an application claiming compensation of Rs.4,00,000/- which came to be dismissed by the Tribunal as above.

4. It is the contention of the respondent that the deceased was crossing the railway track and in that process, was hit by an unknown local train, resulting into his death. It is also t