ORDER 1. Heard learned counsels appearing on behalf of the parties and with their consent this appeal is being finally disposed of at this stage itself. 2. This is an appeal preferred against the order dated 30th August, 2011 passed in Claim Case No. OA 00021 of 2001 by Patna Bench of Railway Claims Tribunal, dismissing the claim of the applicant-appellant for Rs. 4,00,000/- against death of one Ram Esalok Bhagat, aged about 35 years, father and husband of the applicant(s)-appellant in a accident caused due to falling from train, bearing no. 716 UP at Gulzarbagh Railway Station during his journey with valid ticket from Kiul to Patna. 3. By filing written statement the case was contested mainly on the ground that deceased being a bona fide passenger. 4. It is contended on behalf of the appellant that the Claim Tribunal has dismissed the claim only on the ground that no valid ticket was found with the deceased nor the statements of the witnesses examined are consistent, whereas, it is undisputed that the deceased after travelling for a substantial distance sustained accidental fatal injuries resulting into his death and there is no evidence on behalf of the Railway to establish the deceased was not a bona fide passenger, whereas, as per the decision of this Court by a Division Bench in Letters Patent Appeal between “Smt. Kaushalaya Devi & Ors. Vs. Union of India, Through General Manager, North Eastern Railway, Gorakhpur, U.P.” reported in “ 2008 (3) PLJR 711 ”, it was the duty of the Railway to establish. 5. Learned counsel representing the respondent tried his level best to show that the applicant(s)-appellant have not been able to establish that the deceased had purchased the ticket since there is some contradiction in the statement of A.W. - 2, the brother-in-law of the deceased, claiming that deceased had purchased ticket from Kiul Station in his presence before boarding on the train. 6. This Court in a case of “Smt. Kaushalaya Devi & Ors.” (supra) in paragraph – 5 of the judgment has clearly held:- “5. Railways Act provides prosecution of persons entering Railway Stations without valid journey ticket or platform ticket. That makes its abundantly clear that without a ticket, either for undertaking a journey or for the purpose of visiting the platform, no one is entitle to be within the precincts of a Railway Station. Railways Act provides prosecution of persons entering Railway Stations without valid journey ticket or platform ticket. That makes its abundantly clear that without a ticket, either for undertaking a journey or for the purpose of visiting the platform, no one is entitle to be within the precincts of a Railway Station. That the person was in the precincts of the Railway Station would, therefore, logically have a presumption that he had a ticket for him. That he did not have a ticket was obligatory on the part of the Railway Administration to prove.” And likewise said case, in the instant matter also the Railway has not produced even a single witness or chit of paper to show that the deceased was a ticket less passenger. Further, the dead-body was under the control of Railway Administration for a reasonable period, so the loss of ticket due to lapse of time cannot be ruled out. 7. The same has subsequently been followed in a case between “Chandarik Sah @ Chandrika Sah & Anr. Vs. The Union of India represented through the General Manager, East Central Railway, Hazipur (Bihar)” reported in “ 2012 (2) PLJR 823 ”, wherein, the amount of Rs. 4,00,000/-, as claimed, has been awarded with the interest @ 6% per annum and this Court also finds no reason to refuse the claim. 8. In view of the above, the impugned order is set aside and the appeal is hereby allowed. The Railway (respondent) is directed to pay a sum of Rs. 4,00,000/- as compensation to the applicant(s)-appellant within a period of two months with interest @ 6% per annum from the date of filing of the application till the date of actual payment.