1. The appellant has challenged the impugned judgment dated 12th September, 2016 whereby the Railway Claims Tribunal awarded compensation of Rs.4 lakh along with interest @ 9% per annum to the respondents.

2. On 16th August, 2014, Balram boarded train No.14625 from Shakur Basti. Balram fell down near Sampla Railway Station which resulted in fatal injuries. The respondents are parents of Balram and they filed an application for compensation before the Railway Claims Tribunal.

3. Learned counsel for the appellant urged at the time of the hearing that the deceased was not a bona fide passenger and the deceased was negligent in de-boarding from a running train.

4. The Railway Claims Tribunal held the deceased to be a bona fide passenger by accepting the respondents’ contention that the deceased had travelled for quite a distance and lost the ticket. The Railway Claims Tribunal applied the principles laid down in Pratima Bhagat v. Union of India, OA (IIu) 218/2014 dated 08th August, 2016 to hold the accident to be an untoward incident. The relevant portion of Pratima Bhagat (supra) is reproduced as under:-

“2. Whether the death of the deceased was on account of any untoward incide