J U D G M E N T

This appeal is filed by the appellants challenging the order dated 05.04.2018 passed in OA II U 093/2017 on the file of the Railway Claims Tribunal, Bengaluru.

2. Heard the learned counsel appearing for the parties.

3. The factual matrix of the case of the claimants/appellants that one Prakash B S (deceased) is the husband of the first appellant and father of second appellant. On 15.11.2016, the deceased was traveling by Sampark Kranthi Express from Birur to Chikkamangaluru and accidentally, he fell down form the train at Railway KM No.211/210 and succumbed to the injuries. The death of the deceased was due to an untoward incident. In this regard, FIR has been registered in UDR No.79/2016 at Arasikere Railway Police Station on 15.11.2016 under Section 174 of Cr.P.C and PM was also conducted. The deceased was working in a private company and the claimants are the dependents on the deceased. Hence, they sought for the statutory compensation.

4. It is the contention of the counsel for the Railway Department that it is not a untoward incident and the deceased was trespassed into the railway track hence, he solely responsible for the death and the act of the deceased is not