( 1 ) THIS order will dispose of the appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987 challenging the judgment of the Railway Claims Tribunal passed on 12. 11. 1998. The facts in short relevant for deciding this appeal are: -

( 2 ) ONE Mr. Sandeep Garg son of the appellant was a bonafide passenger in Lucknow Mail and while travelling from Hapur to New Delhi on October 8, 1996, he fell down at the Tilak Bridge Railway station and died because of the injuries suffered by him in the said accident. The appellant filed an application claiming compensation before the Railway Claims Tribunal for the death of his son in the said untoward accident. In the written statement filed by the respondent-Railway Administration the only ground on which the appellant was stated to be not entitled to compensation was that the deceased was not a bonafide passenger as he was not holding a valid railway ticket in original. On these pleas being taken, the tribunal framed the following issues for consideration: -

"1. Whether the applicant proves the facts, as stated in para 6 of the Claim application? 2. Whether the deceased was holding a valid ticket as averred in the Clai