Kuldip Singh, J.

Appellants, who are the mother, brothers and sisters of deceased Damodar Dass had filed an application for compensation before the Railway Claims Tribunal, Chandigarh Bench, Chandigarh (in short 'the Tribunal'), on account of death of Damodar Dass in alleged railway untoward incident, which occurred on 08.05.2006 at about 10.10 p.m. It is stated that the deceased was religious preacher. On 08.05.2006 at about 10.10 p.m., he purchased a valid railway ticket No.17736 from Ropar to Morinda. He was sitting on a bench under the tree at platform, waiting for the Himachal Express 4554. Suddenly, there was a thunderstorm followed by heavy rain. As a result of which, a tree fell on the deceased. As a result of which, he received injuries. He was removed to the Civil Hospital, Ropar, where he succumbed to injuries.

2. The railway in its reply had taken the stand that the deceased was not bona fide passenger and that provisions of Railways Act, 1989 (in short 'the Railways Act') are not attracted.

3. From the pleadings, following issues were framed:

"1. Whether the alleged incident took place due to act of God as per preliminary objection raised in the written statement