A.K. Sikri, J.—Smt. Roshni Devi, wife of appellant No. 1 and mother of appellant Nos. 2 and 3 died along with three others in a train accident occurred on 18th December, 1995 at Azadpur Railway Station alleging that it was due to the negligence of respondent, Northern Railway. Appellant first approached the Railway Claims Tribunal, Delhi for compensation. However, the said claim was dismissed on the ground that Tribunal had no jurisdiction to entertain such a claim and remedy for the appellants to file civil proceedings. In these circumstances, appellants filed Civil Suit No. 626/2001 in the Court of Additional District Judge, Delhi claiming compensation of Rs. 5 lakhs under tortious liability. This suit has been dismissed by judgment and decree dated 29th April, 2002 passed by the learned Additional District Judge, Delhi

2. Present appeal is preferred against the aforesaid judgment and decree.

3. Version of the appellants as to the circumstances under which accident took place on 18th December, 1995 is as follows:

“That on 18.12.1995 at about 5.30 p.m. the deceased Smt. Roshni Devi reached at Azadpur Railway Station to board the passenger train coming from New Delhi Railway Stat