L. NARASIMHA REDDY, J. ( 1 ) RESPONDENTS 1 and 2 filed O. A. A. No. 70 of 1998, before the railway Claims Tribunal, Secunderabad bench, pleading that their son, by name, sridhar (hereinafter referred to as "the deceased") was scheduled to attend an interview at the Visakhapatnam Naval Base on 3. 11. 1997, and for that purpose, he along with his grand-mother, boarded Train No. 471, vijayawada-Visakhapatnam passenger on 1. 11. 1997 at Vijayawada. They stated that, he fell down from the train at Bayyavaram railway Station near Tuni, and died. They claimed compensation by alleging that the incident is the, result of an accidental fall. ( 2 ) THE appellant filed a written statement denying its liability. It was stated that there was nothing to disclose that the death of the deceased occurred on account of an accidental fall from the train, and that, at any rate, the death occurred on account of negligence on the part of the deceased. ( 3 ) THE first respondent was examined as AW-1 and the grand-mother of the deceased, was examined as AW-2. Exs. A-1 to A-5 were marked. The Assistant station Master of Bayyavaram Railway station was examined as RW-1. Through its order, dated 18. 11. 1998, the Tribunal awarded a sum of Rs. 4,00,000/-, with 9% interest, till the date of realization. The same is challenged in this appeal. ( 4 ) LEARNED Counsel for the appellant submits that except the self serving statements of the respondents, there is nothing on record to disclose that the deceased died on account of an accidental fall, and even AW-2, the alleged fellow passenger, did not speak about the way in which the accident is said to have taken place. He also submits that the deceased cannot be treated as a bona fide passenger since no ticket was recovered from his dead body. ( 5 ) LEARNED Counsel for the respondents, on the other hand, submits that the very fact that the dead body of the deceased was noticed at Bayyavaram Railway Station by the railway staff discloses that the death occurred on account of an accidental fall. He submits that AW-2 categorically stated that the tickets purchased for herself, and the deceased, were handed over by her to the Ticket Collector at Visakhapatnani, and if cannot be said that the deceased was not a bona fide passenger. He submits that AW-2 categorically stated that the tickets purchased for herself, and the deceased, were handed over by her to the Ticket Collector at Visakhapatnani, and if cannot be said that the deceased was not a bona fide passenger. ( 6 ) THOUGH, AW-2 stated that she accompanied the deceased, she too has not noticed the manner in which the deceased is said to have fallen. The pleadings and the evidence of this case disclose that there was no eye-witness, who has seen the deceased falling from the train. Therefore, much depended on the circumstantial evidence. ( 7 ) IT is not in dispute that the deceased died on account of an accident at the Railway Station. Ex. A-4 is an important document. It discloses that the railway staff at Bayyavaram Railway Station have noticed the dead body which was cut into two pieces, on account of a train running over it. The question as to whether the deceased was the son of the respondents did not pose much of a difficulty. The reason is that the Station Master of bayyavaram, himself, issued a Telegram to the respondents, on the basis of address found in the note-book, recovered from the dead body. Now remains the question as to whether the deceased was a bona fide passenger. ( 8 ) AW-2 categorically stated that she handed over two tickets purchased for herself and the deceased at the exit of Visakhapatnam Railway Station. Nothing was elicited through her to contradict this version. One circumstance, which supports the case of the respondents, is that the respondents are residents of a place nearby Vijayawada, whereas the deceased died at Bayyavaram, near Tuni. AW-2 has travelled all the way from Vijayawada to Visakhapatnam. The fact that the deceased was travelling to Visakhapatnani to attend an interview at Naval Base, was not denied. Therefore, mere non-recovery of ticket from the dead body of the deceased cannot be a factor to record a finding that he was not a bona fide passenger. ( 9 ) THE next aspect is about the liability of the Railways. The fact that the deceased was travelling to Visakhapatnani to attend an interview at Naval Base, was not denied. Therefore, mere non-recovery of ticket from the dead body of the deceased cannot be a factor to record a finding that he was not a bona fide passenger. ( 9 ) THE next aspect is about the liability of the Railways. It is true that the appellant cannot be held liable in case the death occurred on account of negligence, or lack of prudence on the part of the victim of an accident as held by a Full bench of this Court in Union of India v. K. Balakrishnaiah, 2004 (1) ALD 449 = 2004 (1) ALT 100 (FB ). These, however, are matters, which need to be specifically pleaded and established. Except making a bald allegation in the written statement that the deceased died on account of his own negligence, nothing was indicated as to what the acts of negligence on the part of the deceased, were. The sole witness examined by the Railways had, at the best affirmed the occurrence of the accident. He did not allege any acts of negligence or lack of prudence on the part of the deceased. Hence, this Court does not find any basis to interfere with the order under appeal. ( 10 ) THE Tribunal awarded interest at 9% per annum. The award of interest on such claims is not a matter of course. It is only when the Tribunal finds that disposal of the proceedings was delayed on account of non-co-operation of the opposite party before it, that interest can be awarded. Further, award of 9% interest, cannot be held to be proper, for the reason that the application does not relate to a commercial transaction. Hence the rate of interest is reduced to 6% per annum. ( 11 ) THE appeal is accordingly dismissed, by upholding the findings of the Tribunal, but reducing the rate of interest from 9% to 6% per annum. There shall be no order as to costs.