JUDGMENT : 1. In view of order dated 08.01.2020, show cause has been submitted, which is hereby accepted. 2. Heard, learned counsel for the appellant, Ms. Chaitali Chatterjee Sinha and learned counsel for the respondent, Mr. Gautam Rakesh. 3. Learned counsel for the appellant has submitted that I.A. No.9940 of 2017 has been filed for condonation of delay of 291 days in preferring the appeal. 4. Learned counsel for the appellant has submitted that delay in preferring the appeal has been caused as claimant-widow, whose claim application has been dismissed by learned Tribunal, is resident of Jamui (Bihar) as such, in a benevolent legislation the delay may be condoned. 5. Learned counsel for the Railway, Mr. Gautam Rakesh has opposed the same and has submitted that no sufficient ground has been stated in the Interlocutory Application, as such, a huge delay of 291 days may not be condoned. 6. After hearing learned counsel for the parties and on the basis of the materials brought on record, it appears that no counter affidavit has been filed by the Railway though the copy has been served on 18.12.2017. 7. Under the aforesaid circumstances, in a benevolent legislation this Court is inclined the condone the delay. 8. Accordingly, I.A. No.9940 of 2017 filed for condonation of delay of 291 days is allowed. 9. Heard, learned counsel for the appellant, Ms. Chaitali Cherterjee Sinha. 10. Learned counsel for the appellant has assailed the impugned judgment dated 01.12.2016 passed in Case no. OA(IIU)/RNC/2014/0061 by the learned Member (Judicial) Railway Claims Tribunal, Ranchi Bench whereby the claim application of the claimant has been dismissed on contest without costs. 11. Learned counsel for the appellant has submitted that husband of the claimant, Kamlesh Manjhi after purchasing ticket of 2nd class Railway journey boarded Train no.13331 up, Dhanbad-Patna Express at Dhanbad Station for going to Jamui. When the train reached Asansol the victim alighted from the train and purchased some eatable items and boarded back. But due to heavy rush in general compartment the victim had to stand at the gate inside the compartment. In the course of journey when the said train was running between Narganjo station and Ghorparan Station at KM 358/07 and 358/09 the deceased fell down accidentally and sustained injuries and died on the spot. 12. But due to heavy rush in general compartment the victim had to stand at the gate inside the compartment. In the course of journey when the said train was running between Narganjo station and Ghorparan Station at KM 358/07 and 358/09 the deceased fell down accidentally and sustained injuries and died on the spot. 12. The F.I.R., inquest report, postmortem report, final report, Voter Identity Card as well as DRM' s report and inquiry report have been brought on record. It is not under dispute that Investigating Officer made an endorsement in the final report that blood soaked ticket was recovered but the learned Tribunal has dismissed the claim application on the ground that alleged journey through Asansol is not proved on record therefore, no compensation can be awarded to the applicant for the alleged incident at Asansol. 13. Learned counsel for the appellant has thus submitted that deceased was a bonafide passenger having a valid ticket, which was also admitted by the Investigating Officer before the Tribunal, as such, the impugned order passed by the learned Tribunal is fit to be set aside and in view of notification dated 22.12.2016 vide no.1165 effective from 01.01.2017, the claimant is entitled for compensation of Rs.8,00,000/-without interest, or Rs.4,00,000/-with interest whichever is higher. 14. Learned counsel for the appellant has thus submitted that appeal may be allowed by granting compensation to the tune of Rs.8,00,000/- to the claimant. 15. Learned counsel for the respondent-Railway, Mr. Gautam Rakesh has opposed the prayer and has submitted that the learned Tribunal has given finding, as such, this Court may not interfere with the finding recorded by the learned Tribunal. 16. After hearing learned counsel for the parties and from perusal of the Lower Court Records, it appears that the deceased, Kamlesh Manjhi aged about 42 years met with an untoward incident while traveling with 2nd class journey ticket on Train no.13331 up, Dhanbad-Patna Express and was going from Dhanbad to Jamui. His dead body was found between Narganjo Station and Ghorparan Station at KM 358/07 and 358/09 and the Railway journey ticket was also found, which was blood soaked as admitted by the Investigating Officer, who has been examined as C.W.-1. 17. Accordingly the impugned judgment of dismissal is hereby set aside. His dead body was found between Narganjo Station and Ghorparan Station at KM 358/07 and 358/09 and the Railway journey ticket was also found, which was blood soaked as admitted by the Investigating Officer, who has been examined as C.W.-1. 17. Accordingly the impugned judgment of dismissal is hereby set aside. The deceased was a bonafide passenger and the claimant is entitled for compensation in view of new notification to the tune of Rs.8,00,000/- without interest. 18. The Railway is directed to satisfy the award as the occurrence is of the year, 2011, which comes under Section 123 (C) (2) of the Railway Act, 1989. 19. Accordingly the instant Miscellaneous Appeal is hereby allowed.