Heard the parties.

2. The present appeal under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as “the Act”), has been preferred against order dated 13/8/2010, passed by Railway Claims Tribunal, Patna Bench, Patna, (hereinafter referred to as “the Tribunal”), in Claim Case No. OA00023 of 2000. The learned Tribunal by the said order has rejected the claim petition preferred under Section 125 of the Railway Act 1989 read with Section 16 of the Railway Claims Tribunal Act, 1987, on behalf of the appellants claiming compensation of Rs. 4,00000/- on the ground that husband of appellant no. 1 namely, Uma Kant Singh died in an untoward incidence. Appellant no. 1 is the wife of deceased and appellant no. 2 and 3 are son and daughter respectively of the appellant no. 1.

3. It was pleaded that husband of the appellant no. 1 while coming from Lucknow to Kiul on a valid Railway ticket, fell down on the railway track at Kiul Junction due to heavy rush and jerk and received grievous injuries. The deceased was traveling on Howrah-Amritsar Express, Train No. 3050 along with Kishori Singh and Sri Asarfee Singh. After the accident he was initially treated at