DEVI PRASAD SINGH, J. - (1.) HEARD Mr. Anil Srivastava, learned counsel appearing for the appellant and Mr. Rajendra Jaisway, learned counsel for the respondents.
(2.) PRESENT appeal under Section 23 of the Railway Claims Act, 1927 (in short, Act) has been preferred against the impugned award dated 3.12.2003, passed by the Railway Claims Tribunal, Lucknow in Case No.-O.A. - 0000002. Brief facts, giving rise to the instant First Appeal from Order relate to the accident occurred on 6.11.1999. The deceased Anand Kumar Rawat was travelling by Lucknow Gonda passenger train on 6.11.1999 and accidentally, he fell down from train at a place between Jhangirabad Raj and Raffi Nagar railway station. He succumbed to the injuries at the spot. The tribunal framed four issues, out of which, the first issue relates to as to whether the deceased was bona fide passenger, second relates to cause of death, the third relates to dependency and the fourth relates to what relief can be granted.
(3.) THE tribunal recorded a finding that the deceased was a bona fide passenger and he was having ticket. On account of sudden jerk, he fell down from the train. The tribunal awarded compensation of Rs.4 lacs to the claimants treating the deceased as bona fide passenger and the accident caused because of sudden jerk. The deceased was standing at the door of the compartment because of over-crowded by passengers and fell down due to sudden jer1.25"k.;