VEERENDR SINGH SIRADHANA,J. - (1.) The instant misc. appeal projects a challenge to the judgment and award made by the Railway Claims Tribunal, Jaipur, for compensation in favour of the non-appellant-claimants for an amount of Rs. 4,00,000/- (Rupees: Four Lakh); without any interest.
(2.) Briefly, the essential skeletal material facts necessary for appreciation are that one Om Prakash (deceased) died in an "untoward incident" on 25th July, 2002, while he was travelling by Train No.HNG-1 EMU from Sahibabad to Delhi Nizamuddin on a valid 2nd class ticket. It is pleaded case of the non-appellant claimants that deceased-Om prakash died of fall from the moving train near Village Karkar, on account of heavy rush in the train. It is further reflected from the materials available on record that Om Prakash (deceased) fell down from the train near Pole No. 11/249, and suffered serious injuries resulting into his death.
(3.) The Railway Claims Tribunal, Jaipur, in the backdrop of the pleadings of the parties, evidence adduced and materials available on record, concluded that the deceased (Om Prakash) was travelling by train No.HNG-1 EMU from Gaziabad to Delhi Nizamuddin, on a valid 2nd class railway journey ticket and thus, he was a bona fide passenger. Further the deceased died of accidental fall from the train having sustained grievous injuries, and therefore, the incident is covered within the ambit of Section 123 (c) (2) of Railways Act, 1989.;