JUDGMENT :

G.A. SANAP, J.

1. In this appeal, filed under Section 23 of the Railway Claims Tribunal Act, 1987 (for short “the Act of 1987”), challenge is to the judgment and order dated 29th August, 2018, passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur, whereby the claim filed by the appellants/claimants came to be dismissed.

2. BACKGROUND FACTS:

Appellant No. 1 is the father of the deceased Dindayal Doye, and appellant No. 2 is the mother of the deceased. The appellants claim that on 23rd April, 2015, the deceased, after purchasing a valid journey ticket, boarded an unknown train at Gondia to come to Nagpur. According to them, due to a sudden jerk, the deceased fell from a moving train at Gram Pahuni Shiwar Railway Line, Pole No. 1076/2-4. He sustained injuries. He died on the spot. The dead body was not noticed for about four days. On these averments, they claimed compensation.

3. The respondent-Railway filed the written statement and opposed the claim. According to the Railway, the deceased was not a bona fide passenger travelling with a valid journey ticket. The ticket was not recovered from the dead body when it was found on 28th April, 2015. There was no eyewitness to t