D.M. Dharmadhikari, J.

1. The only accident on 16.7.1991, were rightly denied question involved in this appeal is whether payment of compensation by the learned the appellants as dependants of the deceased Judge as Ad hoc Claims Commissioner Sheo Ram Singh, who died in a railway under the provisions of Section 82A of the Railways Act, 1890, on the ground that they failed to prove that the deceased was a 'bona fide passenger' meaning thereby that he did not hold a valid railway ticket, pass or permission for the journey.

2. Learned counsel appearing for the dependants-appellants herein contends that the claim for compensation could not have been negatived by the lower court on the ground mentioned above.

3. Learned counsel appearing for the Railways supports the decision of the Claims Commissioner on the basis of the ruling of Patna High Court reported in Ramchandra Prasad v. Union of India AIR 1939 Patna 316 and Full Bench decision of Allahabad High Court reported in Sundari v. Union of India 1984 ACJ 614 (Allahabad).

4. The aforesaid decisions cited at the Bar (Sic. held that liability of) railway administration under Section 82-A of the Act to pay compensation for death in a