RAJIV SHARMA, SATISH CHANDRA, JJ.

1. The present appeal u/s 23 of Railway Claims Tribunal Act, 1987 has been filed against the judgment and order dated 8th December, 2008 passed by the Railway Claims Tribunal, Lucknow in O.A. No. 0400084 (Balak Ram Joshi and others v. Union of India). The brief facts of the case are that on 20th/21st January, 2004, the deceased Smt. Katori Devi was travelling in Delhi-Raxaul Express. When the train started from Maigalganj Station, due to jerk, the deceased fallen down and died on the spot. The claimants have filed a claim petition before the Tribunal, who awarded a compensation of Rs. 4,00,000/- alongwith @ 6% per annum. Not being satisfied, the appellant-railways have filed the present appeal.

2. With this background, Sri Brijesh Kumar Shukla, learned Counsel for the appellant submits that the deceased was not a bona fide passenger. In fact, she was not travelling in the said train so she could not fallen down when the train started from Maigalganj. No ticket or belongings were recovered from the deceased. The deceased was not travelling from Aigawan to Maigalganj. He further submits that on the date of accident, only six tickets were sold