SHIVAJI PANDEY, J.:–Heard learned counsel for the appellant and learned counsel for the respondent.

2. In this case, the appellant is challenging the order dated 4th April 2013 passed by Railway Claims Tribunal, Patna in Claim Application No. OA 00132/2003 whereby and whereunder the Tribunal has rejected the claim application holding that the victim was not a bona fide passenger and the accident does not fall under the purview of untoward accident.

3. Claimant-applicant is the father of victim, namely, Suraj Paswan, both were coming to Patna from Rahui by 543 UP Rajgir-Danapur Passenger and the accident had taken place at Down Starter Signal, Patna Jn. at platform No. 4.

4. In the claim application, it has been stated that the son of the applicant was a bona fide passenger, died in an untoward accident and as such, father being a dependant, entitled to the compensation.

5. The Railways has filed its written statement. In para 3, it has been stated that the victim met with an accident, as he was trying to get down from the running train. The victim got down in negligent manner disentitles the claim of compensation. Any passenger will not meet with a casualty unless he commits mistake while getting down from the compartment.

6. In support of the case, the applicant has exhibited altogether 10 documents which are as follows:—

1	Affidavit of Ram Pravesh Paswan	Ext.A/1
2	Photocopy of Memo	Ext.A/2
3	Application of Shri Ram Pravesh Paswan	Ext.A/3
4	Photocopy of FIR	Ext.A/4
5	Photocopy of Final Report	Ext.A/5
6	Photocopy of Inquest  Report	Ext.A/6
7	Photocopy of Post Mortem Report	Ext.A/7
8	Photocopy of death  Certificate of Suraj Paswan	Ext.A/8
9	Dependency Certificate	Ext.A/9
10	Photocopy of Voter I.C. of Ram Pravesh Paswan	Ext.A/10

7. Let us examine the documents that have been come during trial before the Tribunal.

8. Ext.-A/2 is the Memo of Station Superintendent of Patna Junction who divulged that he received a telephonic message from Down Starter Cabin that one person aged about 30 years, has been killed by 543 UP, requested to remove the dead body.

9. Ext.A/3 is the application of Ram Pravesh Paswan where he has stated that he was going to Patna along with his son on 3rd April 2003 by Rajgir-Danapur Passenger and when the Train had reached Patna Jn. at platform No.4, there was heavy crowd led to jostling of passenger at the gate, on that account, his son who had caught the handle of the compartment, slipped and fallen down from the running train which led to his death. He has further submitted that looking to the incident for a while, he became unconscious, when he regained conscious, he found his son was in pool of blood lying dead, and Rs. 300/- and ticket were missing from his possession, but in application date is missing.

10. The counsel for the Respondent has pointed out, in the photo copy application certain entries which were recorded originally in that letter, purposely have been covered only then the photo copy was prepared.

11. Ext.A/4 is the First Information Report in which the name of the informant has been shown as Station Superintendent of Patna Junction. The name of the appellant is not there. In the First Information Report, it has been said that the victim met with an accident on account of fall from the running train.

12. Ext. A/5 is the Final Report, the Police during investigation recorded the statement of father of victim who supported his own case. In the report, it has been recorded that the victim died due to fall from the running train.

13. Ext.A/6 is the inquest report shows that the body of the victim was separated from the main trunk. The recovery from the person has been mentioned nil, the body has been shown to be unknown.

14. The Police had made an entry that the

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