JUDGMENT :

G.A. SANAP, J.

1. Heard finally with the consent of learned Advocates for the parties.

2. In this appeal, filed under Section 23 of the Railway Claims Tribunal Act, 1987 (for short ‘the Act of 1987), the challenge is to the judgment and order dated 09.05.2017 passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur, whereby the claim filed by the appellants/claimants for compensation under Section 16 of the Act of 1987 was dismissed.

3. Background facts:

Appellant No. 1 is the wife of the deceased Ruprao Barde. Appellant Nos.2, 3 and 4 are the children of the deceased. The appellants claimed that on 02.01.2013, the deceased, while boarding in a Train No. 18029 Shalimar Express at Nagpur Railway Station after purchasing a valid journey ticket, fell down. He sustained injuries. He was carried to the hospital and while taking the treatment in the hospital, he succumbed to the injuries sustained in the incident. According to the appellants, the deceased died in an untoward incident, as understood by Section 123 clause (c) sub-clause (2) of the Act of 1989. The deceased was having a valid journey ticket. The journey ticket was lost in the incident.

4. The respondent-railway file