1. This Civil Miscellaneous Appeal is filed by the appellants, who are claimants, against the order dated 06.1.2015 made in O. A. No.(II - U) 344 of 2013 by the Railway Claims Tribunal, Chennai Bench, dismissing the claim petition filed by the appellants, who are legal heirs of the deceased Srinivasan.

2. The appellants herein have contended before the Tribunal that the deceased Srinivasan was a passenger in the EMU train and he was travelling from Tambaram to Chennai Beach and while travelling, the deceased accidentally fell down from the running train between Saidapet and Mambalam Railway Stations and sustained injuries all over the body and thereafter, he succumbed to injuries. According to the appellants, the deceased purchased ticket to travel in the train, but the same was lost.

3. Disputing the version of the appellants, the respondent filed counter stating that the deceased was not a bona fide passenger and no journey ticket was found from the body of the deceased. It is stated that the incident would not attract S.123(c)(2) of the Railways Act, 1989 .

4. Before the Tribunal, the first appellant examined herself as A.W.1 and marked Ex.A1 to A6. On the side of the respondent,