Valmiki J. Mehta, J (Oral)

1. This first appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 against the judgment dated 12.4.2012 passed by the Railway Claims Tribunal dismissing the claim petition of the appellants.

2. The facts of the case as pleaded by the appellants are that the deceased husband of the appellant no.1 late Sh. Gita Ram died on 17.1.2011 on account of an untoward incident as per Sections 123(c) and 124(A) of the Railways Act, 1989, and thus compensation ought to be awarded to the appellants who are the widow and children of late Sh. Gita Ram.

3. There is no dispute in the present case that the appellant was a bonafide passenger because he had a monthly seasoned ticket. The issue is/was as to whether appellant died on account of his own criminal negligence or self-inflicted injuries as he was trying to get down from a running train which had slowed down near the Sadar Bazar station, (where the deceased had his office) and which station was not the scheduled station of the superfast Gorakhdham Express in which the deceased was travelling.

4. Whereas the appellants claim that the deceased died on account of a fall from the train because o