ORDER :

1. We have heard learned counsel for the parties finally at this stage itself with their consent.

2. Leave granted.

3. The appellants herein had filed a claim before the Railway Claims Tribunal (hereinafter referred to as 'RCT') on account of death of their son Sunil Kumar Sahoo in a train accident that occurred on 20.11.2005. The deceased was the employee in Railway and was holding the post of Assistant Loco-Pilot at the relevant time. He was posted at Raipur under the South East Central Railway, Bilaspur. On 20.11.2005, he was returning from Durg to Raipur, when he fell down from the running train near D. Cabin of Raipur Railway Station and, as a result thereof, he died on the spot.

4. Though Rule 27 of the Railway Passengers (Manner of Investigation of Untoward Incidents) Rules, 2003 (hereinafter referred to as 'Rules') mandates the Railway authorities to investigate into such an untoward incident. Admittedly, no such inquiry was conducted immediately after the incident. It is only when the appellants filed the claim before the RCT on 27.02.2009 that investigation into the incident was ordered on 23.04.2009. According to the Railways, the said investigation revealed that the