Heard learned counsel for the appellant as well as learned counsel for the respondents and perused the record.

The instant appeal under Section 23 of the Railway Claims Tribunal Act, 1987 has been preferred against the impugned award dated 10th August, 2007 passed by Railway Claims Tribunal, Lucknow. The deceased Shyam Babu was traveling from New Delhi to Phaphamau Jn. (Allahabad) by Purusottam Express train on 30/31.5.2000 after purchasing a second class journey ticket No. B 7340937. He accidentally fell down from the train between Kansapur to Malva railway station and sustained grievous injuries. He was carried to District Hospital, Fatehpur at 9.05 a.m. on 31.5.200 by G.P.R. C. No. 458, Munna Lal, Fatehpur. He was attended by E.M.O., Fatehpur. Later on, he was admitted in Priti Hospital, Allahabad by his family members and during treatment he succumbed to his injuries on 3.7.2000. The claimant Smtu. Urmila Devi being the widow of deceased Late Shyam Babu, has claimed compensation of Rs. 5.0 lacs while preferring the claim petition before the Railway Claims Tribunal, Lucknow.

The tribunal had framed the following issues, while adjudicating the controversy:-