JUDGMENT :

1. The appellants herein are the petitioners in O.A.(II-U) No.326 of 2014 on the file of the Railway Claims Tribunal, Chennai Bench. They have claimed compensation for the death of Santosh Sukumar Nayar, husband of the 1st appellant and father of the 2nd appellant who died on 19.02.2014, due to an accident fall from train between Somanur and Sulur Railway Station.

2. The Railway authorities contested the case.

3. After full trial, the Tribunal dismissed the claim petition, concluding that the victim was not a bonafide passenger. Aggrieved by the said order the appellants have preferred this appeal.

4. The question of law that arises for consideration is as to “whether the Tribunal has failed to appreciate the documents like final report, Post-moterm report as to the cause of death that the deceased accidentally fallen down from the running train and erroneously concluded that the appellants have not been established their claim ?”

5. Before the Railway Tribunal to prove their claim, on the side of the appellants, the 1st appellant examined as A.W.1 and Ex.A.1 to Ex.A.6 documents were marked. On the side of the respondent DRM report of Salem Division was marked.

6. The learned