The expression "accidental falling of a passenger from a train carrying passengers" in Section 123(c)(ii) of the Railway Act, 1989, should be interpreted broadly to include situations where a passenger is trying to board the train and falls down.

Veerender Singh Siradhana, J.

1. By order dated 27th July, 2016, the Railway Claims Tribunal, Jaipur Bench, Jaipur (Rajasthan) (for short "the Tribunal"), accepted and allowed the Original Application of the claimants/respondents and accorded compensation to the tune of Rs. 4 lacs along with 6% interest from the date of its registration i.e. 29th January, 2013, until the date of award, and thereafter, 9% interest will be payable on the amount of compensation; of which the appellant/Union of India is aggrieved of.

2. Shorn off unnecessary details, the essential skeletal material facts are that the claimants/respondents instituted an original application under Section 16 of the Railway Claims Tribunal Act, 1987 read with Section 125 of the Railway Act, 1989 (for short "the Act of 1989"), stating therein that Raj Singh (deceased), was travelling from Ahmadabad to Delhi on 9th November, 2012, with a valid journey ticket number 11578740. It is pleaded case of the claimants that due to accidental fall from the coach of the train on Railway Track Number 578/4-5 because of a sudden jerk by the train; Raj Singh fell down and died at the spot. In support of the claim for compensation, the claimants/respondents placed on record the copy of the railway journey ticket, certified copy of the police report, certified copy of the panchnama, certified copy of the site plan, postmortem report, inquiry report, extract of daily diary (Rapat Roznamcha Aam), seizure memo (fard jabti), voter identity card, family ration card etc.

3. The appellant-Union of India resisted the claim petition and filed its written statement. The claim was also resisted in the backdrop of the contemplation under Section 123(c)(ii) of the Act of 1989 and exceptions carved out under proviso to Section 124A of the Act of 1989. The Tribunal on the basis of the pleadings of the parties, evidence adduced and materials available on record, granted the original application allowing compensation to the tune of Rs. 4 lacs with interest @ 6% from the date of registration of the claim petition until order/award dated 27th July, 2016, and thereafter, 9% interest until payment of the amount.

4. Learned counsel for the appellant-Union of India, reiterating the pleaded facts and grounds of the memo of the appeal, argued only on the issue number 2, asserting that the accident/incident is not covered within the ambit of definition of Section 124A of the Act of 1989, and therefore, the respondents/claimants are not entitled to the compensation awarded by the Tribunal.

5. Heard the learned counsel for the appellant and perused the materials available on record as well as gave my earnest consideration to the submissions at Bar so also carefully scanned the impugned order/award made by the Tribunal.

From a glance of the order dated 27th July, 2016, it is reflected that the Tribunal on the basis of the pleadings of the parties, framed as many as four issues, which reads thus:

"1. Whether the deceased was a travelling on a valid railway journey ticket and was a bona fide passenger of the train in question at the relevant time?

2. Whether the alleged incident does not fall under the definition of Section 124-A of the Railways Act, 1989 and the Railway Administration is not liable to pay any compensation to the applicants?

3. Whether the applicants are the sole dependants of the deceased and are entitled to compensation as claimed under Para-16 of the claim application?

4. Relief?"

6. For the arguments have been advanced only on the issue number 2, this Court has considered the submissions of the learned counsel in the backdrop of the pleadings and findings arrived at by the Tribunal on that issue alone. The factual matrix, as reflected from the report of the Divisional Railway Manager in no uncertain terms reflects the conclusion that Raj Singh was found dead on the place of accident/incident. The Divisional Railway Manager in its report specifically concluded on the basis of the evidence and materi