JUDGMENT

Prithviraj K. Chavan, J. - This appeal takes an exception to the judgment and order passed by the Railway Claims Tribunal, Mumbai Bench, Mumbai on 28th February, 2018 in Claim Application No. OA(II u) /MCC/1133 of 2011 by which the Tribunal has dismissed the Claim Application filed by the appellants who are the dependants of one Suresh Gharat (for short 'deceased').

2. Briefly stated the facts are as follows;

On 29th September, 2011, one Suresh Gharat aged about 47 years, a painter by profession, was travelling by an unknown local train from C.S.T, Mumbai to Mulund on a strength of a valid second class railway ticket. When the overcrowded train reached between Nahur and Mulund Railway station near K.M. No.29/4-5, due to a sudden push by the passengers in the compartment, he fell down from the running train and died instantaneously due to serious head injury. He left behind his widow, applicant No.1- Jayashree and sons, applicants No.2 and 3 viz; Haresh and Krishna and mother, Janabai as dependants.

3. A claim application was filed before the Railway Claims Tribunal seeking compensation. The Tribunal, after going through the evidence of A.W.1-Jayashree on affidavit and having