1. This First Appeal under Section 23 of the Railway Claims Tribunal Act, 1987, is at the instance of the original respondent and is directed against the judgment and award passed by the Railway Claims Tribunal, Ahmedabad Bench, Ahmedabad, in Case No. OA 2013/0166.

2. The deceased Satishkumar Lalchandani was travelling along with his family, i.e. the respondents herein, from Secunderabad to Jodhpur on 05.06.2013 by Train No. 17037 Secunderabad Bikaner Express. Satishkumar Lalchandani accidentally fell down from the said train. The accident occurred between Sarotra Road and Amirgadh Railway Station. Satishkumar Lalchandani was immediately admitted in a hospital at the Abu Road. He succumbed to the injuries on 13.06.2018 in the hospital. In such circumstances, the respondents herein preferred an application before the Claims Tribunal under Section 16 of the Railway Claims Tribunal Act and prayed for compensation.

3. The appellant herein contested the claim by filing the written statement. In the written statement, the appellant took the stance that the accident was not an untoward incident and, therefore, the incident would not fall within the provisions of Section 123(c)(2) of the Railways Act.

4. The Tribunal framed the following issues:

"1. Whether the deceased was travelling as a bonafide passenger by train no. 17037 Secundrabad Bikaner Express on 05.06.2013?

2. Whether the said incident is covered under the provision of Section 123 (c)(2) of the Railways Act 1989?

3. Whether the Respondent proves the negligence on part of the deceased?

4. Whether the applicants are the dependents of the deceased?

5. What order? What Relief?"

5. The Tribunal answered the issues referred to above as under:

Regarding Issues No. 1, 2 & 3:

"8. These three issues are taken up for consideration simultaneously for the sake of convenience and also as they are inter-related.

9. It is contended by the Applicants in the Claim Application that, on 05.06.2013, in the night, applicant no. 1 alongwith her husband and their minor son were travelling from Secundrabad to Jodhpur by train no. 17037 Secundrabad Bikaner Express. They were holding a valid and proper railway travelling reservation ticket bearing no. A-19428253 from Secundrabad to Jodhpur for 2 adults vide PNR no. 445-1860940 and the said tickets were placed at Exh. A/1. It is further contended that, during the course of journey, on 07.06.2013, in the morning, when the said train was running between KM nos. 619/02 and 619/03 between Sarotra Road and Shri Amirgadh railway station, her husband fell down from the said train due to an unexpected sudden jerk and jolt between Sarotra Road and Shri Amirgarh railway stations and sustained multiple grievous injuries. He was taken to Abu Road railway station by the same train for emergency treatment. After reaching Abu Road Railway station, Railway Doctor had given primary medical treatment and then shifted to Community Health Centre-Abu Road for further treatment. Due to his serious injuries, he was referred and shifted to Sheth V.S. General Hospital Ahmedabad for further treatment but unfortunately he died on 13.06.2013 during the course of treatment in the hospital.

To substantiate the said facts, the Applicant no.1 has filed her affidavit in evidence in which she has reiterated the said facts as stated in the claim application. The Respondent have not cross examined applicant no.1 to discard the testimony of the applicant. The evidence of the applicant therefore goes unchallenged.

Memo at Exh. A/2 reveals that as per the message from Control from the Guard of Train no. 17037, one passenger aged about 30 years had fallen down between KM nos. 619/02-3 between Sarotra Road and Shri Amirgarh railway station. PNR No. 445186. Inquest panchnama at Exh. A/5 shows that, in the opinion of the panchas, on 7.6.2013, while travelling in train Secundrabad Jo