Rajesh Kumar, J. - (1.) Heard learned counsel for the appellants and learned counsel for the respondent-railway.
(2.) The present claim application has been filed on 19.01.2004 by the wife, daughter, father and mother of the deceased, namely, Nageshwar Saw. It has been asserted in the claim application that the deceased was travelling by train (EMU Passenger) on 01.10.2003 from Sharmatar station to Gomoh in Second Class compartment holding proper ticket. When train reached near Hazaribagh Road Station, the deceased tried to spit from the running train coming near the gate and as such due to accidental fall he died on the spot.
(3.) The Railway Claim Tribunal has framed three issues which are quoted hereunder: i. Did Nageshwar Saw die as he fell down accidentally from running train EMU Passenger? ii. Who are the dependents of the deceased? iii. Relief and costs.;