Mool Chand Garg, J.

1. This appeal arises out of an order dated 06.03.2009 passed by the Railways Claims Tribunal, Principal Bench, Delhi, (hereinafter referred to as "the Tribunal"), whereby the learned Tribunal has dismissed the claim of the appellant filed under Section 16 of the Railways Claims Tribunal Act for payment of compensation on account of death of Sh.Jagdish, who was admittedly a bona fide passenger.

2. According to the appellant, the deceased was a daily passenger and was holder of MST bearing No. 002270 from Khekra to Vivek Vihar. On the day of the incident i.e. 24.07.2007 at about 5.30 p.m. the deceased commuting on the abovementioned route came to Shahdara Railway station from Vivek Vihar but due to the heavy rush he could only hold on to the gate and after the train started, due to heavy rush, jerk, push and pull, fell down from the train and sustained grievous injuries which eventually led to his death on 01.08.2007.

3. The claim was contested by the respondent-Railway Administration by filing a written statement, wherein they have denied that the deceased died due to falling from a running train but instead, the death occurred when the deceased was waiting for the