JUDGMENT :

1. This appeal has been filed under Section 23 of the Railway Claims Tribunal Act, 1987 challenging the Judgment and Award dated 26.11.2019 passed by the Railway Claims Tribunal, Nagpur rejecting the compensation in favour of the appellants.

2. The facts giving rise to the present proceedings are that: The appellant No.1 is the wife and the appellant Nos.2 and 3 are the children of deceased Manoranjan Bachad. The said Manoranjan Bachad lost his life in an accidental fall from running train on 05.04.2017 near Sirpur Railway Station. An amount of compensation to the extent of Rs.8,00,000/- was claimed towards the compensation by the claimants/appellants.

3. As per the contention of the claimants, the deceased went to Secunderabad from Sirpur on 05.04.2017 for his medical checkup in Yeshoda Hospital. He had purchased the ticket for returning back to Sirpur and boarded in Bhagyanagar train. During the journey, he slept and could not alight from the train at Sirpur Railway Station and proceeded up to Balharshah. After acknowledging the fact that, he travelled ahead, he purchased the ticket at Balharshah to Sirpur and boarded in Bhagyanagar Express and when the train arrived at Sirpur Railway Station, while getting down from the train, he accidentally fell down from the train and sustained injury. He was shifted to Government Hospital, Sirpur, where the Medical Officer declared him dead. Reference is made about loss of ticket in regarding the express Balharshah to Sirpur dated 06.04.2017 by the claimants.

4. The respondent - railway has contested the claim by filing the written statement. As per the contention for the railway, the claim of the claimant is not tenable. The statutory report shows that alleged incident has occurred due to negligence of the deceased only. Deceased was not travelling by train No.17234 i.e. Balharshah - Secunderabad Bhagyanagar Express and no untoward incident of accidentally fell down occurred from the said train. RPF Sirpur had recorded the statement of Guard of train No.17234 i.e. Balharshah - Secunderabad Bhagyanagar Express on 06.10.2018, wherein he stated that during his duty hours there was no jerk and no untoward incident took place. The Loco Pilot of the said train also confirmed the same in his statement dated 4.10.2018. It is further contended by the Railway that the statement of Deputy Station Master, Sirpur Town was recorded and he stated that at about 4.30 hours he received a telephonic information that one unknown male person aged about 35 years found injured in down Loop Line Sirpur Town Yard at Kilometer No.184/10-12. The Railway further came with a case that, there was no valid ticket found with the deceased, therefore he was not a bona fide passenger, and therefore he is not entitled for any compensation.

5. In support of the claim, claimant examined herself and adduced her evidence on affidavit. On behalf of Railway witness Hari Shankar Hari Satish Chandra Prasad, Deputy Station Superintendet, Sirpur Town Railway Station and MD Gouse Raj Mahamed working as Guard of Train No.17234 was examined as R1 – R2. After considering the entire evidence available on record, the Tribunal recorded finding that appellants have failed to prove that deceased was a bona fide passenger and he died in untoward incident and rejected the claim.

6. The claimants have preferred this appeal and challenged the award on the ground that the Railway Claims Tribunal had not considered the settled law and erroneously rejected the claim application. Dead body of the deceased was found on railway track merely because the Guard has not noted any untoward incident is not sufficient to rejected the claim. It is apparent from the record that after the train i.e. Balharshah – Secunderabad Bhagyanagar Express was passed, dead body of the deceased was found, which is sufficient to show that while getting down from the train said untoward incident happened and deceased died in that untoward incident.

7. Heard learn