Pradeep Kant, M.A.Khan, JJ. - (1.) This is an application for withdrawal of the amount deposited under the court's order. On the request of parties' counsel we have proceeded to hear the appeal on merits.
(2.) This appeal arises out of the award passed by the Railway Claims Tribunal awarding an amount of Rs. 4,00,000 to the claimants-respondents because of the accidental death of Ram Sharan,
(3.) The fact that Ram Sharan was bona fide ticket holder of the train in question is not disputed. It is also not disputed that he fell from the train while coming back from the toilet and the fact that the claimants respondents are his heirs, entitled for the compensation is also not being disputed. The only plea, which was urged before the Tribunal as well as before this court is that the deceased was mentally imbalanced and thus in a state of madness he jumped from the running train, which would not fasten any liability on the Railways for payment of compensation.;