01] Heard learned Advocate Shri Fule for the appellants and learned Advocate Ms. Athalye for the respondent. Matter is heard at the admission stage by consent. Admit.

02] The Railway Claims Tribunal, Nagpur Bench, Nagpur (hereinafter referred to as “the Tribunal”) as per the judgment dated 12th January, 2018 was pleased to dismiss the claim filed by the parents of the deceased-Tushar. It was dismissed for the reason that there was no evidence to show that Tushar was a bonafide passenger. The Tribunal has given various reasons prior to arriving at that conclusion. The correctness of the said decision is challenged by the appellants.

03] The appellants are the parents of deceased-Tushar. Deceased- Tushar was preparing for engineering course at Nagpur. On the fateful day i.e. 15th April, 2014, he was travelling from Nagpur to Tumsar at his native place through unnamed train. He could not get a seat and that is why he was standing near door of the compartment. When the train reaches near village Pahuni in between Bhandara and Khat Railway Station, he fell down. He succumbed to the injuries. The information was given by Loko Pilot of Train No.12860 at 06:52 hrs. and according