JUDGMENT :

Sanjay Kumar Dwivedi, J.

Heard Mrs. Chaitali C. Sinha, the learned counsel appearing on behalf of the appellant and Mr. Akash Deep, the learned counsel appearing on behalf of the sole respondent/Union of India.

2. This appeal is directed against the order dated 18.03.2015 passed by learned Railway Claims Tribunal, Ranchi Bench in Case No. OA (IIU) RNC/2012/0053 in an application under section 16 of the Railway Claims Tribunal Act, 1987 which has been rejected by the said learned Tribunal.

3. Mrs. Sinha, the learned counsel appearing on behalf of the appellant submits that the deceased namely, Laxman Saw on 09.07.2012 after purchasing a valid 2nd class ordinary ticket bearing No. 044264412-ex-Baidyanath Dham to Gaya reached Jhajha by train. He then boarded from Jhajha Train No. 5233 UP Kolkata-Darbhanga Express for going to Kiul from where he was to board another train for going to Gaya Jn. There was a rush in the compartment and when the train was approaching Kiul Jn. he reached near the gate of the compartment to get down. However, due to jostling amongst the passenger he fell down from the moving train at Kiul Jn. and sustained serious injuries and died during treatment at