( 1 ) THIS appeal is filed by the South Central railway, Secunderabad, against the order, dated 16-09-1998, in O. A. A. No. 15 of 1998 on the file of the Railway Claims Tribunal, secunderabad Bench. ( 2 ) THE respondents 1 and 2 herein, the parents of the deceased - Peravali Prasad, submitted their claim alleging that they are residents of Rajakapalem of Pedakakani Post, guntur District, and that their son was studying at Guntur. It was alleged that the deceased was holding a season ticket, and on 22-11-1997, he boarded the Vijayawada-Guntur passenger train but fell down on account of a sudden jerk and died. ( 3 ) THE appellant filed a written statement denying that the deceased died on account of an untoward incident. According to it, the deceased attempted to catch the running train that too from the off side of the platform and therefore, it is not liable to pay any compensation. ( 4 ) BEFORE the tribunal, on behalf of the respondents 1 and 2 herein, P. W. 1 was examined and Exs. A-1 to A-5 were marked. No evidence was adduced on behalf of the appellant-Railways. ( 5 ) THROUGH its order under appeal, the tribunal awarded a sum of Rs. 4,00,000/- as compensation to the respondents 1 and 2. ( 6 ) LEARNED counsel for the appellant submits that the death of the deceased occurred on account of his own negligence and in view of the exceptions carved out under Section 124 (A) of the Railways Act, as interpreted by full Bench of this Court in union of India, SCR v. K. Bala Krishnaiah, the appellant cannot be held liable to pay any compensation. ( 7 ) LEARNED counsel for the respondents, on the other hand, submits that except taking a bald and vague plea that the death of the deceased occurred on account of his own negligence, the appellant has not chosen to adduce any evidence to substantiate its plea. ( 8 ) THE respondents specifically pleaded that their son Peravali Prasad was a student, held a season ticket and used to travel from pedakakani to Guntur everyday by train. They stated that he boarded the train on 22-11-1997 as usual, and on account of a sudden jerk, he fell from the train and died. ( 8 ) THE respondents specifically pleaded that their son Peravali Prasad was a student, held a season ticket and used to travel from pedakakani to Guntur everyday by train. They stated that he boarded the train on 22-11-1997 as usual, and on account of a sudden jerk, he fell from the train and died. They substantiated their plea by examining p. W. 1 and by marking certain documents before the tribunal. ( 9 ) THE appellant sought to avoid its liability by pleading that the accident took place because of the negligence on the part of the deceased. It is true that a full bench of this court held that where an injury or accident takes place on account of negligence or absence of requisite prudence on the part of the victim, the Railways cannot be held liable to pay the compensation. However, the necessary facts constituting basis for such a plea are not only required to be averred in the pleadings but are also required to be proved. Negligence or absence of care, etc. , cannot be inferred in the absence of any specific evidence. When the Parliament has enacted specific provisions for payment of compensation in the event of an untoward incident, the same cannot be denied to the victims or their dependants on the basis of surmises. It is not in dispute that the appellant has not chosen to adduce any evidence to prove that there was negligence or lack of prudence on the part of the deceased. Therefore, no exception can be taken to the order under appeal. ( 10 ) THE C. M. A. is accordingly, dismissed. No costs.