JUDGMENT (ORAL)

1. The Railway Tribunal vide impugned order of 19th November, 2015 has dismissed appellants' claim petition by holding that the death of deceased was not on account of any accidental fall from the train and would not be covered within the meaning of Section 123(c) read with Section 124-A of the Railways Act, 1989 as the train had already started moving after its scheduled stoppage, when the deceased ran after moving train and had a fatal fall in the process.

2. Impugned order holds that the case of appellants comes within the Proviso (b) to Section 124-A of the Railways Act, 1989 to deny compensation to appellants, who are the legal heirs of the deceased. Learned Tribunal has relied upon two decisions of this Court in Jamirul Nisha and Anr. v. Union of India, 2009 ACJ 1393 and in Bimla Devi & Anr. v. Union of India, 2014 SCC Online Del 102 to hold that fall from an overcrowded compartment of a train would not come within the definition of accidental fall from the train as the death of the passenger in the said case was not result of any untoward accident.

3. The manner in which the accident in question took place is spelt out in opening paragraphs of impugned