Order This appeal has been preferred against the judgment dated 6th March, 2013 passed by Railway Claims Tribunal, Ranchi Bench in connection with Case No. OA (IIU)/RNC/2007/0078, whereby the claim application filed by the appellant/claimant has been dismissed. 2. The appellant has assailed the impugned judgment on the ground that the Tribunal has formed its opinion only on surmises and conjectures. No evidence by the respondent was led that the deceased died in course of crossing railway track. On the basis of final report submitted by GRP, Burdwan, purely based on presumption, that the deceased might have sustained injury in course of crossing railway track is no ground to reject the claim application. Learned Tribunal has decided Issue No.1 in favour of the appellant that the deceased was having valid ticket in his possession, which strongly supports a fact that the deceased was travelling from Bandel to Burdwan on 28th June, 2007. 3. On the other hand, counsel for the respondent has opposed the argument advanced on behalf of the appellant. 4. The fact, in brief, is that on 28th June, 2007 the deceased boarded in a local train for going to Burdwan station. Due to rush in train, he fell down near Burdwan Railway Station and was caught under the wheels and died instantly. After the death of the deceased all formalities were completed and the railway ticket was seized from the pocket of the deceased. The appellant, who happens to be the father of the deceased-Kailash Kumar Pandey, had filed application for grant of compensation on 7th December, 2007, but it was rejected and hence this appeal. 5. I have gone through the impugned judgment from which it appears that the Tribunal has held that the deceased was a bona fide passenger and he was having valid ticket. The witnesses examined on behalf of the claimant have stated that the deceased was travelling from Bandel to Burdwan and due to pushing and pressing in the train, he fell down and was caught under the wheels and died. 6. Learned Tribunal relying on the postmortem report has formed its opinion that the death did not occur on 28th June, 2007, rather it occurred on 29th June, 2007, though no evidence whatsoever was led by the Respondent-Railway. 6. Learned Tribunal relying on the postmortem report has formed its opinion that the death did not occur on 28th June, 2007, rather it occurred on 29th June, 2007, though no evidence whatsoever was led by the Respondent-Railway. Likewise GRP, Burdwan though submitted final report, but they have not examined any witness on the point that the deceased died in course of crossing railway track, rather it was a presumption. 7. I do not find that the discussions and reasonings given on Issue No.2 in the impugned judgment are tenable and, therefore, the same stand set aside. 8. Since the deceased was having valid ticket and dead body was found on railway track near Burdwan Railway Station, which was the destination of the deceased, I hold that the deceased died in course of travelling in the train and the incident comes under the purview of Section 123(c) of Railways (Amendment) Act, 1994. The claimant/appellant is entitled to receive compensation amount of Rs.4.00 lacs as per Schedule-III of Railway Accident Compensation Rules, 1990. In the result, the respondent is directed to pay Rs.4.00 lacs with interest @ 6% per annum from the date of filing of the claim application i.e. 7th December, 2007 till realization of the said amount. 9. The Respondent-Union of India through the General Manager, Eastern Railway, Kolkata is directed to satisfy the awarded amount within 90 days from the date of this order.