Amitav K. Gupta, J.

The present appeal has been preferred against the judgment dated 10.05.2012 passed in Case no.TAU/RNC/2002/0016 by the learned Member(Technical), Railway Claims Tribunal, Ranchi Bench (hereinafter referred as Tribunal) whereby claim of the appellants, i.e. wife and sons of the deceased-Nelson Burah, was rejected.

2. Learned counsel for the appellants has submitted that learned Tribunal has disbelieved the claim that the deceased was a bona fide passenger travelling on a valid ticket because A.W.2, B.B. Lugun could not say what was the fare from Tatanagar to Rourkella despite his assertion that he had seen the deceased purchasing the ticket and no railway ticket was recovered from the body of the deceased during preparation of the inquest report. It is submitted that the memo of Sr. Divisional Medical Officer, Chakradharpur (Annexure-1), F.I.R (Annexure-2) and inquest report (Annexure-3) were filed with the claim application and there is evidence on record that shows that the deceased had accidental fall from the train. It is argued that the learned Tribunal has rejected the claim on the basis of the memos and statement of the railway authorities that the de