VALMIKI J. MEHTA, J.

1. This first appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is filed by the appellants who were the applicants before the Railway Claims Tribunal. By this first appeal appellants/applicants impugn the judgment of the Railway Claims Tribunal dated 10.5.2016 dismissing their claim petition. While the Railway Claims Tribunal has held that the deceased Sh. Manoj was a bonafide passenger, and also that the deceased died on account of fall from the train, however, it has been held that the deceased died on account of his own criminal negligence and hence the appellants/applicants were not entitled to compensation.

2. The facts of the case are that the deceased Sh. Manoj along with one Smt. Bindu was going from Kharawar to Daya Basti on 1.9.2014 in a Passenger Train no. 64912. It is pleaded that the deceased had boarded the train, when due to heavy rush and jerk in the train, he fell down from the moving train and received fatal injuries. The subject claim petition was therefore filed seeking statutory compensation of Rs. 4 lacs.

3. The Railway Claims Tribunal has held in para 10 of the impugned judgment that the deceased died on account of h