Mool Chand Garg, J.

This appeal has been filed by the Appellant who claims to be the dependents of the deceased assailing the impugned judgment dated 12.09.2008 whereby the Railway Claims Tribunal has dismissed the claim petition filed by the Appellants u/s 16 of the Railway Claims Tribunal's Act. By filing the claim petition the Appellants have claimed that on 26.05.2006 the deceased late Bharat Singh the husband of the first Appellant was going to his cousin's house at Meerut by Dehradun Express. The deceased was travelling on a valid purchased ticket from Delhi junction to Meerut City by Dehradun Express Train. He has boarded the train from Delhi Junction but as the train was over-crowded, the deceased could not pass the gallery of the train to get a seat/berth, and when the train reached near Bihari Colony, Shahdara the crowd pushed the deceased and the deceased could not control himself, and as a result thereof he fell down from the moving train and sustained fatal injuries. The post-mortem was conducted on the dead body of the deceased at GTB Hospital. Thereafter on 06.12.2006 the Appellants filed the claim petition claiming compensation of Rs. 5 lakhs from the Respo