JUDGMENT :

Heard.

2. Admit.

3. Heard finally by consent of the learned Counsel for both the parties.

4. Being aggrieved by the judgment passed by Railway Claims Tribunal, Member (Judicial) and Member (Technical) Nagpur Bench, Nagpur, in Claim Application No. OA (Iiu)/NGP/2011/335 on 23/08/2013 dismissing the claim of the appellants for Rs.8,00,000/- along with interest form the date of accident.

5. The original applicant has filed the Claim Application on account of death of her father namely Shri Suraj Ganvir in an untoward incident. On 14/04/2011 deceased was travelling from Gondia to Wadsa by passenger train by purchasing valid railway ticket for Gondia to Wadsa. As there was heavy rush of the passengers in the train and the deceased was standing near the door of the coach, when the train reached in between Hirdamali to Pindkepar at KM No. 1020/12-13, the deceased fell down from running train and sustained injuries and died on the spot.

6. The respondent railway has resisted the claim application by filing the written statement and stated that it is not untoward incident and the deceased was not bonafide passenger of the train.

7. The Tribunal observed that the deceased was not a bona