AMITAVA LALA, J. :- This appeal is arising out of an order of the Railway Claims Tribunal, Gorakhpur Bench, dated 12th October, 2007. By the order impugned the Tribunal allowed compensation of Rs. 4,00,000/-to the claimants on account of death of the deceased. The deceased was a police personnel, who was travelling by train having valid ticket. The Tribunal gave the following finding in coming to the conclusion :-

6.1 Original ticket for journey has been filed. It is for the correct stations and date as per application. Ticket was found from the person of the deceased. Although, respondent stated that its genuineness was to be proved by applicant, tribunal cannot accept this plea. Original ticket was filed on 15-5-2004 and respondent could very well have checked it up to 12-6-07 most dili gently. In absence of any specific defence by respondent, the deceased is held to be a bona fide passenger at the time of untoward incident.

6.2 Deceased fell down from train due to 6 pushing by other passengers who were in large number. Possibly, he could not get a seat to sit and had to stand. Although un comfortable, such journey is undertaken by quite a significant number of passengers