JUDGMENT :

ANANDA SEN, J.

1. This appeal has been filed under Section 23 of the Railway Claims Tribunal Act, 1987 by the claimants challenging the judgment dated 21.07.2014, passed by the Member (Technical), Railway Claims Tribunal, Ranchi bench in OA(IIU)/RNC/2010/0059, by which the Railway Accident Claims Tribunal has dismissed the claim application of the claimants.

2. A claim application was filed by the claimants stating therein that on 01.04.2009, Mani Shankar Kumar alongwith his friend was travelling in Dhanbad-Gaya Intercity Express from Dhanbad to Gomoh. He was holding a monthly pass. It is the case of the claimants that he fell down from the running train, received fatal injuries and ultimately, expired on 07.04.2009 in course of treatment. It is further case of the claimants, who are the parents of the deceased that they were dependent on the deceased and thus, the amount of compensation to the tune of Rs. 4 lakhs alongwith interest should be granted.

3. Respondent Eastern Central Railway contested the claim by filing written statements. They stated that the incident was not an untoward incident thus, no compensation should be granted to the claimants. It is their case that the report suggests that the deceased was negligent while travelling in the said train. It is further their case that the deceased wanted to spit outside the train for which he leaned out when he was struck by a pole resulting in a fall. The deceased died due to the said injury, which according to the Railways, is a self-inflicted injury which debars the claimants from claiming compensation. The Railways had taken plea that there was no fault on the part of the Railway Administration, so the claimants are not entitled to any benefit.

4. On the basis of the pleadings, issues were framed by the Tribunal, which are as under:

“(1) Whether Mani Shankar Kumar S/o Prithibi Nath Singh was a bona-fide passenger as alleged?

(2) Whether any untoward incident as defined under Section 123 (c) (2) of the Railways Act, 1989 occurred to Mani Shankar Kumar S/o Prithibi Nath Singh while travelling in Dhanbad-Gaya Intercity Express on 01.04.2009 near Tetulmari Railway station?

(3) Whether the Dy. SS/SS report is filed?

(4) Whether the Monthly Pass (M.S.) is filed?

(5) Whether the applicants are entitled for the compensation as claimed and other relief if any?”

5. In support of their claim, the applicant-claimants have produced the photocopies of certain documents, i.e. FIR, Fardbeyan of Sri Ravi Shankar, Final Report and P.M. Report in two pages. They also filed the original and certified copies of FIR and Fardbayan of Sri Ravi Shankar-Ext.A1, Final Report in three sheets Ext.A2, Photo Copy of Inquest Report and P.M. Report in two pages Ext.A3.

6. The Railways, though did not adduce any witness, but furnished the original/certified copies of the Station diary Report of SM/Tetulmari/Dhanbad and Report of Sri S.B. Sinha, CCI (HQ), which were marked as exhibits.

7. The Tribunal, after hearing the parties and after considering the evidence, decided Issue No. 2 against the claimants, holding that the deceased died because of his own act of recklessness and carelessness and the injury, which he sustained, is self-inflicted in terms of Section 124-A of the Railways Act. The Tribunal further held that the incident is not an untoward incident under Section 123(c) (2) of the Railways Act, thus the claimants are not entitled to receive any benefit. The Tribunal further held that since the deceased did not die of an untoward incident, there is presumption that the victim is not a bona-fide passenger in absence of the evidence of journey ticket. On this ground, the Tribunal dismissed claim application of the claimants.

8. Challenging the same, counsel appearing for the claimants-appellants submits that the Tribunal misdirected himself while passing the impugned order. He submits that the injury which the deceased has sustained cannot be said to be self-inflicted. He submits that even if the