JUDGMENT 1. - This appeal has been filed against the judgment and award dated 22.3.2001 passed by Railway Claims Tribunal. 2. Brief facts of the case are as under:- "On 9.9.1998, due to heavy rush in the general compartment, the deceased Jitender Singh could not get a seat and compelled to sit near the door of the compartment. Accidentally he fell down from the train near Gurla railway station and sustained injuries and became unconscious. Jitendra Singh died while he was under the treatment at Kota Hospital." 3. After that a claim petition was filed by the claimants claiming compensation. Notices were issued, reply was filed, issues were framed, evident was submitted and after hearing both the sides, an award of Rs. 4,00,000/- has been passed by the Tribunal in favour of the claimants and against the non claimants. 4. Against the said judgment and award dated 22.3.2001, this appeal has been submitted by the Railways. 5. Learned counsel for the appellant has contended that the learned Tribunal while recording its finding regarding issue no. 1 and 2 had admitted that the testimony of Shri Mahavir Singh cannot be accepted regarding his statement pertaining to purchase of ticket by his son as well as reason of accident. Thus, it becomes clear that there was no evidence on record to show that the deceased was a bonafide passenger having ticket with him especially under the circumstances that at the time of accident, police could not trace out ticket from the deceased's pocket and in absence of purchase of ticket or any proof in that regard, it cannot be said that the deceased was a bonafide passenger, yet the learned Tribunal allowed the claim petition without there being any proof in regard to issue of deceased was a bonafide passenger. Thus, the impugned judgment so given by the Tribunal deserves to be quashed and set-aside. 6. E converso, the learned counsel for the respondents defended the impugned award and stated the same to be just and apposite. 7. I have heard learned counsel for the parties and perused the judgment and award dated 22.3.2001 passed by the learned Tribunal. The learned Tribunal after considering the aforesaid facts and circumstances as well as the documentary evidence produced before it, came to the conclusion that the deceased was a bonafide passenger. 7. I have heard learned counsel for the parties and perused the judgment and award dated 22.3.2001 passed by the learned Tribunal. The learned Tribunal after considering the aforesaid facts and circumstances as well as the documentary evidence produced before it, came to the conclusion that the deceased was a bonafide passenger. The Tribunal is found to have rightly passed the judgment and award dated 22.3.2001, hence I do not think it proper to interfere in the same and the appeal filed by the Railways being bereft of any merit deserves to be dismissed, which stands dismissed accordingly after confirming the judgment and award passed by the learned Tribunal.Appeal dismissed. *******