JUDGMENT :

Heard learned Counsel for the appellants and learned Counsel for the respondent.

2. Being aggrieved by the judgment and award dated 10/05/2018, passed by the Learned Railway Tribunal, Nagpur Bench, Nagpur in Claim Application No. OA(IIu)/NGP/0033/2018, whereby the learned Tribunal has pleased to dismiss the claim application of the appellants, the present Appeal is filed by the applicant.

3. The Brief facts of the claim petition is as under : -

On 17/10/2017, the deceased was travelling by the train no. 12627 Dn. Karnataka Exp from Daund to Itarsi along with his brother and other relatives, for which the deceased had purchased a valid journey ticket. It is further submitted that they all were returning from Braramati but there was no direct train from Baramati so they came up to Daund and from Daund they boarded Karnataka Express. When the said train was passing from the Jalgaon the deceased was going to washroom and the said train received the unexpected jerk due to which the deceased was pushed by the passenger and fell down from the running train at KM 413/17 DN line pole. The co-passengers took him to the hospital but deceased succumbed to the injuries. Therefore the dependents of the deceased filed claim application and demanded compensation for such untoward incident.

4. The Respondent Railway has resisted the claim application of the applicants by filing reply along with DRM, Statuary Report with defense that the deceased was not the bonafide passenger of the train and the death of the deceased has not been caused in an untoward incident. It is further submitted that the claim of the applicant is not maintainable as the alleged incident is not covered under section 123(c) or section 124 A of the Railway Act.

5. It is contended by appellant that the learned Tribunal wrongly considered the documentary evidence put forth by the Railway Administration and held the death of the deceased does not occurred under an untoward incident and therefore rejected the claim petition of the applicant. The aforesaid judgment is the subject matter of challenge in the present appeal.

6. It is the contention of the learned counsel for the appellant that the learned Tribunal failed to considered that the deceased was in possession of valid journey ticket and therefore he was bonafide passenger at the time of untoward incident. It is further contended that the learned Tribunal wrongly held that the deceased and his co-passengers was traveling in sleeper coach but was in possession of general class ticket. The aforesaid allegations was not proved by the respondent by examining any cogent witness and learned Tribunal simply believed on the statement made by the respondent and held that deceased was not bonafide passenger at the time of untoward incident is totally erroneous which needs interference by this Court.

7. It is the contention of the Respondent that the deceased was not a bonafide passenger as no valid ticket was recovered from the body of the deceased and the said incident was not occurred in the course of journey, this fact was rightly considered by the learned Railway Tribunal and passed an appropriate order, which required no interference.

8. I have heard both the parties at length. Perused judgment, record and proceedings. In short, it is the case of claimants that on 17/10/2017, Shailesh Krushna Gavai had purchased second class Railway Ticket from Daund to Itarsi and boarded the train, Karnataka Express going towards Itarsi. He boarded along with his brother and other relatives, they were returning from Baramati as there was no direct train from Baramati, they came up to Daund and boarded Karnataka Express for Itarsi. Due to heavy jerk the deceased fell down from the running train at KM 413/17 DN line pole. The co-passengers also boarded down as train slowed down there and took him to the hospital but deceased succumbed to the injury. Therefor legal representatives of deceased filed claim petition for compensation against Rail