JUDGMENT

S. PANDA, J. — As common questions of law and facts involve in both these appeals, they are being disposed of by this common judgment.

These appeals are preferred under Section 23 (1) of the Railway Claims Tribunal Act, 1987 by the claimants against two different awards made by the Railway Claims Tribunals, Bhubanes¬war in O.A. No.83 of 1999 dated 25.10.2004 and O.A. No.41 of 2002 dated 15.10.2004.

2. The brief facts of each case are as follows;

FAO No.16 of 2005

On Sadakanta Behera, the deceased, while travelling from Howrah to Balasore in Dhauli Express on 4.12.1998, to sudden jerk, he fell down from the train near about Jaleswar station. Thereafter, the injured was shifted to S.C.B. Medical College and Hospital, Cuttack with the help of staff of Jaleswar Railway Station and others and on the next date he succumbed to the in¬jury. The parents of the deceased filed the claim application and they have proved the tickets and other police papers. The railway authorities filed their written statement in usual manner. The claimants also filed two affidavits. The Tribunal after analyzing the materials available before it accepted the proved evidence of claimants that the decea