Basant, J.

1. Can the compassion underlying Chapter XIII of the Railways Act be alien to the officials of the Railway conducting the cases and the Tribunal which adjudicates the claim? This appears to be the crucial theme arising for consideration in this appeal. We find that the officials of the Railways who conducted the case as also the Tribunal which disposed of the case were woefully lacking the compassion which is the signature tune of the provisions of Chapter XIII of the Railways Act.

2. The appellants/claimants are the young wife aged 25 years and the minor children aged 7 years and 3 years of one Rajesh Kumar, a young man who was found lying dead by the side of the Railway track on the morning of 17-3-2008 at 7 a.m. Local persons passed on the information to the local police. The local police registered a crime under the caption "unnatural death". Investigation was conducted by the local police. The result of such investigation was reported to the Railway officials. Enquiry was conducted in terms of the Railway Passengers (Manner of Investigation on Untoward Incidents) Rules 2003. The DRM report marked as Ext.R1 was submitted after enquiry by the officer of the f