S. Kumar, J. – Heard learned counsel for the parties.

2. This miscellaneous appeal has been filed for setting aside the judgment and order dated 13.11.2013 passed in Claim Application No. OA00293 of 2005 passed by learned Member (Technical) of Railways Claims Tribunal, Patna Bench, Patna, by which the claim application filed on behalf of claimant-appellant for grant of compensation has been rejected by the Railway Claims Tribunal (hereinafter referred to as the 'Tribunal).

3. Briefly stated, the facts of the case as stated in the claim application is that applicant Daya Devi is widow of Late Binod Prasad Singh who died in an untoward incident due to injury sustained by him in Rail accident.

4. It has been stated that on 11.07.2005 the husband of claimant-appellant having valid journey ticket bearing No. 47508 was travelling from Jamalpur to Lakhisarai by 3133 Up (Sealdah-Varanasi Express), when he accidentally fell down from train due to sudden jerk and died on the spot.

5. Written statement was filed on behalf of Railways in which they have denied the claim of claimant-appellant and have stated that deceased was not a bonafide passenger and died due to run-over by the train while cros