Rajesh Kumar, J. - (1.) Heard the counsel for the appellants and the counsel for the respondent.
(2.) The present appeal arises out of the claim application being Case No.TAU/RNC/2003/0056, filed by the appellants, whose husband/ fathers, has died on 06.09.2002 by Train No.3007 UP Howrah-New Delhi Toofan Express, as he fell down from the train.
(3.) Learned Claim Tribunal has framed following issues:- 1. Whether the deceased Rajendra Prasad Keshri s/o late Mahabir Prasad Sah was a bonafide passenger as alleged? 2. Whether any untoward incident as defined under Section 123(c) (2) of the Railways Act, 1989 occurred to Rajendra Prasad Keshri s/o late Mahabir Prasad Sah while travelling in Train No.3007 UP Howrah-New Delhi Toofan Express on 06.09.2002 near Jasidih Railway station? 3. Whether the applicants are entitled for the compensation as claimed and other relief, if any?;