1. Heard learned counsel for both the parties.

2. This miscellaneous appeal is directed against the order dated 22.1.2008 passed by the Bench of Railway Claim Tribunal in Claim Case No. O.A. 00137/ 2004 by which claim of the claimant regarding the death of the deceased Shambhu Nath Sharma has been disclaimed.

3. The case of the claimant is that on 19.4.2004 while his father Shambhu Nath Sharma was going with valid ticket from Guljarbagh to Patna by DMU train alongwith the co-passenger Ajay Kumar Singh, when the train reached Agamkuan near upper bridge, Shambhu Nath Sharma fell down from the train due to jerk in train and dashed with the electric poll causing injury. He was taken to NMCH from where referred to the PMCH where he succumbed to injury on 21.4.2004 at 11.00 P.M.

4. The fardbeyan was recorded by Pirbahore Police and transferred to the GRP, Patna Junction and U.D Case No. 32 of 2004 was registered on 22.4.2004. The dead body was handed over to the son of the deceased. The claimant appellant claimed that the deceased the father of the claimant was a bona fide passenger and died out of the untoward incidence. It is stated that the ticket of the train was lost at the