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 fro