JUDGMENT

Prithviraj K. Chavan, J. - This is an appeal challenging the judgment of dismissal of the Claim Application passed by the Railway Claims Tribunal, Mumbai on 30th November, 2017.

2. Facts in brief are as follows :-

3. On the fateful day of 30th April, 2010 deceased -Milind Balaram Sakpal (for short "deceased"), a bachelor of 30 years was travelling by a local train from Vile Parle to Borivali with a valid monthly season ticket. When the train was running between Km.23/8-9 near Jogeshwari station, due to heavy rush and push from the other passengers in the compartment, he accidentally fell down from the said train, sustained serious injuries and died subsequently.

4. The incident was reported to the Station Superintendent. According to the respondent, the deceased was a trespasser and while crossing railway track, he was knocked down by 395 Dn. local train. The body of the deceased was taken to the hospital for postmortem where he was declared brought dead. An inquest panchanama was drawn. Personal search of the deceased was taken during the inquest panchanama. Along with certain articles, such as mobile phone, wrist watch and wallet, the GRP also recovered a railway pass from t