P. K. MISRA, J.

( 1 ) THE Union of India has filed this appeal under section 23 of the Railway Claims Tribunal Act, 1987, challenging the decision of the Railway claims Tribunal, Bhubaneswar Bench, directing payment of Rs. 2,00,000 as compensation to the claimant-respondent.

( 2 ) THE husband of claimant-respondent was a defence personnel belonging to the bihar Regiment. The deceased while travelling on 1. 4. 95 by Jammu-Tawi Sealdah express fell down from the train at a place between Andal and Bhakat Nagar Railway stations and died. The claim application was filed before the Railway Claims Tribunal at Calcutta. Subsequently, the same was transferred to the Railway Claims Tribunal, bhubaneswar Bench.

( 3 ) THE present appellant in its written statement without taking any specific stand-called upon the claimant to prove that the deceased was a bona fide passenger and the claimant was the widow of the deceased.

( 4 ) THE Railway Claims Tribunal found that the deceased was a bona fide passenger and had lost his life in an 'untoward incident' and as such compensation was payable to the claimant who is the widow of the deceased.

( 5 ) IN this appeal, the learned counsel appearing f