This appeal under Section 23 of the Railway Claims Tribunal Act has been preferred by two appellants against Judgment/order dated 04.12.2008 passed by learned Member (Technical), Railway Claims Tribunal, Patna (hereinafter referred to as “the Claims Tribunal”) in O.A. No.000209 of 2004. By the impugned Judgment and order, the claim case has been rejected by the Claims Tribunal.

2. The appellants after the death of their son, namely, Santosh Kumar in an untoward railway accident approached the Claims Tribunal by filing claim case, which was registered as Claim Case No.OA No.000209 of 2004 for grant of compensation amount of Rs.4 lacs . It was disclosed that on 27.10.2004 , the deceased son of the appellants, namely, Santosh Kumar after purchasing a valid rail ticket along with his uncle, namely, Din Dayal Sah boarded into Islampur-Fatuah Patna Passenger ( 549 UP) at Banka Ghat Railway Station. It was disclosed that there was heavy rush in the train and, as such, Santosh Kumar and his uncle started travelling standing near the gate inside the compartment. While train reached near Didarganj, due to heavy rush and jerk of the train Santosh Kumar, son of appellants fell down from the running train and received serious injuries. Thereafter, he was brought to Nalanda Medical College and Hospital, Patna for his treatment by the local people. Sri Din Dayal Sah, uncle of Santosh Kumar came to Nalanda Medical College and Hospital, Patna. After getting down from the train firstly he went to the place, where accident had taken place. However, it was found that the injured was already carried to Nalanda Medical College and Hospital and, as such, he rushed to Nalanda Medical College and Hospital, Patna, where the injured was admitted and in course of his treatment, Santosh Kumar died on the same day i.e. 27.10.2004 at Nalanda Medical College and Hospital. The family members were informed. The matter was reported to the police and, accordingly, an U.D. Case No. 45 of 2004 was registered at Rail P.P. Patna Sahib. It was further claimed by the appellants that during investigation, it was found that the deceased died in untoward incident. At the time of accident, the deceased was 17 years old and unmarried. It was further disclosed that the deceased with his uncle was coming to Patna from his village home to meet his father. The appellants before the Claims Tribunal besides placing statements on oath of two witnesses also brought on record copy of the F.I.R. as Ext.A-2, copy of fardbeyan as Ext.A-3, Inquest Report as Ext.A-4, Postmortem Report as Ext.A-5, Final Report as Ext.A-6, copy of Red Ration Card as Ext.A-7, Photograph for identification of Appellant no.2/ Kaushalya Devi as Ext. A-8 and Death Certificate as Ext.a-9. In the statement on oath, A.W.2 categorically asserted that he and deceased both were travelling after purchasing valid rail tickets and he also categorically stated regarding the accident, which had occurred due to heavy rush and jerk of the train and the deceased had fallen down from the running train and after receiving serious injuries, he died at Nalanda Medical College and Hospital during his treatment. A.W.1 i.e. Appellant no.1 had stated that he was informed by A.W.2 regarding the occurrence. In the case before the Claims Tribunal, the Respondent/ Union of India, East Central Railway, Hazipur appeared and filed written statement opposing the claim case. In its written statement, mainly it was pleaded that it was not a case of untoward incident and there was no evidence on record to show negligence on the part of the Railway. It was also pleaded that it was a case of self-inflicting injuries. However, after hearing the parties and considering the materials on record, the learned Claims Tribunal was satisfied that the appellants had miserably failed to prove the case. The Claims Tribunal also doubted the veracity of the claims on some unsustainable facts and finally dismissed the claim petition and no compensatio