JUDGMENT : 1. This first appeal is directed against judgment and order dated 30.6.2009, passed by learned Member, Railway Claims Tribunal, Nagpur Bench, Nagpur, in Claim Application No.102/OAII/RCT/NGP/2005, whereby the application filed by the claimants was allowed. 2. The facts of the case in a nut shell are, thus : On 22.8.2005 when deceased Sayed Nazir boarded train viz. “Tapovan Express” and was travelling from Aurangabad to Parbhani, he fell down from the running train at Peragaon Railway Station and sustained injuries. He was taken to the hospital at Parbhani. However, he succumbed to the grievous injuries. The respondents/claimants viz. widow and minor son are the dependents of deceased Sayed Nazir. 3. The railway administration had disputed its liability on the ground that since deceased Sayed Nazir suffered on account of his own negligence, railway administration is not liable for the alleged untoward accident. It was also contended that the deceased was not a bona fide passenger. 4. Learned Member of the Tribunal after considering the the evidence led and hearing the submissions advanced before it held that the claimants are entitled to get statutory compensation in the sum of Rs.4.00 Lacs and awarded accordingly. Learned Member of the Tribunal considered the “Nikah Namah” i.e. Marriage Certificate of claimant Parveen and deceased Sayed and held that claimant No.2 was born out of their wedlock. There was affidavit by witness No.1 Parveen/wife of deceased about railway ticket (Exh.AW1/2) purchased indicating that two major passengers were traveling from Aurangabad to Parbhani on 22.8.2005 when untoward incident occurred. There was no evidence to disbelieve the ticket produced on record or to disbelieve the alleged fact that deceased along with his wife were traveling by train “Tapovan Express” on the date of untoward incident. Considering the strict liability of the railway administration in such cases for untoward incident occurred within the limits of railway administration, when prima facie case is made out to believe that the claimant was traveling by the train and fell down from the running train, unless anything is proved to the contrary, there is a presumption that passenger was traveling with valid railway ticket. This being the legal position and considering the preponderance of probabilities in favour of the claimants that deceased Sayed Nazir was traveling as passenger by train “Tapovan Express” from Aurangabad to Parbhani and fell down accidentally at Peragaon Railway Station at about 19.20 hours on 22.8.2005, no interference is warranted to disturb the impugned judgment and award as in the facts and circumstances of the case the Tribunal arrived at logical conclusion to hold that the claimants are entitled to the statutory compensation in the sum of Rs.4.00 Lacs. 5. In view of above, since the findings recorded by learned Member of the Tribunal appear based upon the cogent evidence led before it, the first appeal is found without merits and stands dismissed. The amount deposited, if any, in this Court is allowed to be withdrawn by the claimants after a period of eight weeks.