This appeal arises out of the judgement and order dated 16th May, 2008 passed by the Railway Claims Tribunal, Gorakhpur Bench in Application No. OA/ii/279/02deos (Shri Virendra Bharti and another Vs. Union of India), whereby the tribunal allowed the claim petition of the respondents/claimants and awarded compensation to a tune of Rs. 4,00,000/- with interest on account of death of deceased Arun Kumar Bharti in an untoward incident on 23rd September, 2001.

2. There is no dispute with regard to nature of accident resulting in death of the deceased. From the evidences and the submissions of the contesting parties, it appears that the deceased was travelling by train having valid ticket but his body was leaning out of the coach when struck against a signal pole of the railway, as a result whereof he fell down from the train and expired. Parents of the deceased are the claimants. The real controversy is whether the accident is self-inflicted injury or untoward incident. The tribunal held that the case of the respondents/claimants is totally covered by Section 123 (c) read with Section 124-A of the Railways Act, 1989. Section 123 (c) of the said Act speaks about untoward