1. - This miscellaneous appeal under Section 23 of the Railway Claim Tribunal Act, 1987 (hereinafter 1987 Act') has been filed by the appellants- claimants (hereinafter 'the claimants') challenging the judgment dated 2-9-2004 passed by the Railway Claims Tribunal (herein after 'the Tribunal'). Thereby the claim petition has been dismissed by the Tribunal on the ground of it being fraudulent in nature.

2. The facts of the case are that the claimants filed a petition on 8-2-2002 under Section 16 of the 1987 Act read with Section 125 of the Railway Act, 1989 for a compensation of Rs. 8 lacs for the death Bhera Prajapati, on 21-5-2001 alleging that he accidentally fell from train No.171, Ahmedabad Falna while travelling on a valid ticket from Mori Bera to Jawai Band. The claim petition filed by the claimants was dismissed by the Tribunal on the ground that the claimants failed to prove that deceased purchased any valid ticket for journey on the train from Mori Bera to Jawai Band as alleged. The other ground for dismissal of the claim petition was that affidavits of witnesses, belonging to Bali District Pali, attested at Bhanupura in Madhya Pradesh, were ex-facie unreliable as t