ORAL JUDGMENT 1. The Railway Claims Tribunal at Nagpur has rejected Claim Application No. 76/OAII/ RCT/NGP/2003, filed by the appellants for compensation on account of death of one Shri Shyamrao Shende, the husband of appellant No.1, in an untoward incident as defined under Section 123 (c) of the Railways Act, 1989. 2. The Railway Claims Tribunal has recorded the finding that the case of the appellants claimants was that the deceased Shyamrao was travelling from Nagbhid to Nagpur on 15.07.2002 in Train No. 4 NAB, but Ticket No. 02391 found on the person of the deceased Shyamrao was from Mahule to Kempalsad. It is held that the claimants have failed to establish that the deceased was a bonafide passenger travelling from Nagbhid to Nagpur in such a train on 15.07.2002. 3. The point for determination is as under : Whether it is established that the deceased Shyamrao was bonafide passenger travelling in Train No. 4 NAB from Nagbhid to Nagpur on 15.07.2002, died in an untoward incident? 4. It is not in dispute that Mahule and Kempalsad are the places on the railway route from Nagbhid to Nagpur. It is also not in dispute that spot panchnama was prepared, which clearly indicate that the body of the deceased Shyamrao was found lying on the said track at Mahule, near Boogie No.755. Inquest Panchnama and Spot Panchnama are the documents which are placed on record. Guard of the said train reported the matter and in the Panchnama, it is observed as under : "On his body we found Khaki colour full slieve shirt and after search we found in his pocket one Railway Ticket, Ticket No. 02391 from Mahule to Kempalsad. We found on his body one dirty underwear and dirty chocklet colour full pant but we do not found anything from his pant. From the dead body, Police collected one ring from his finger with read diamond (Mani) and one yellow colour metal locket and black colour plastic sandal in their custody for protection. Police did not find any money or ornaments near his body". 5. Once panchnama is produced on record and its veracity is not in dispute, untoward incident occurred on 15.07.2002 stands established in the absence of any other stand and mere denial of the said incident in written statement would not be sufficient to defeat the claim. 6. Admittedly, there is no eye witness. 5. Once panchnama is produced on record and its veracity is not in dispute, untoward incident occurred on 15.07.2002 stands established in the absence of any other stand and mere denial of the said incident in written statement would not be sufficient to defeat the claim. 6. Admittedly, there is no eye witness. The claimant, widow of the deceased, has entered the witness box. She was not accompanying the deceased at the time of accident. Once the fact that the deceased boarded the train at Mahule on the basis of the ticket found on the person of the deceased is established, his travel on NagbhidNagpur railway route is established. This is how her version has to be construed. The tribunal has, therefore, committed an error in holding that the claimants have failed to establish that the deceased died in an untoward incident. The evidence on record clearly establish that the deceased had died in an untoward incident on 15.07.2002 and he was a bonafide passenger travelling in a Train No. 4 NAB. The claim petition, therefore, needs to be allowed. 7. In the result, first appeal is allowed. The judgment and order dated 0.01.2004 passed by the Railway Claims Tribunal, Nagpur, in Claim Application No. 76/OAII/ RCT/NGP/2003 is hereby quashed and set aside. The Claim Application No. 76/OAII/ RCT/NGP/2003 is hereby allowed. The appellants are entitled to compensation of Rs.4,00,000/- for the death of the deceased Shyamrao, alongwith interest at the rate of 6% per annum from the date of filing of an application till its realization. The amount is directed to be paid within a period of two months from today.