JUDGMENT : 1. Appellants herein are the petitioners in O.A.(II-U) No.133 of 2014 filed by them before the Railway Claims Tribunal, Chennai Bench, who are the legal heirs claimed compensation for the fatal death of deceased 'Preamkumar', while he was travelling in the train accidental fell down between Sendurai and Ottakoil Railway stations and died on 07.12.2013. 2. The Railway Authorities contested the case. 3. After full trial, the Tribunal dismissed the claim petition, concluding that the claimants failed to establish that the deceased was a bona fide passenger and also not proved that the victim died on account of accidental fall from the train. Aggrieved by the said order, the appellants have preferred this appeal. 4. The Railway Authorities appeared and contested the appeal. 5. The question of law that arises for consideration is as to, (i) whether the Railway Tribunal failed to appreciate the documents as well as the facts and erroneously concluded that the claimants have not proved their claim?” 6. The learned counsel for the appellants submitted that before the Tribunal the claimants prima facie established. The factum of the death proves the documents like FIR, Inquest Report and post moterm report. But the Tribunal has not appreciated those documents and erroneously dismissed the claim petition. 7. On a perusal of the FIR, it reveals that on 08.12.2013, based upon the complaint given by wife of the deceased, FIR was lodged and the reason for the death was stated as follows: Other Language “ f l e ; j 0 7 . 1 2 . 2 0 1 3 m d ; W ,u T 0 7 . 3 0 kz pf ; F mt h ; n r d ; i d n r y ; t j h ; f h f g h z ; b a d ; t pi u T tz ; b a p y ; n r y ;t j h f $ w p t p l ; L n r d ; w h h ; . 0 8 . 1 2 . 2 0 1 3 - k ; N j j p R k h h ; 1 1. 0 8 . 1 2 . 2 0 1 3 - k ; N j j p R k h h ; 1 1. 0 0 kz p a s t p y ; n r e ; J i u ,u a p y ; e p i y a j ; j p w ; F k ; xl ; lf ; N f h t p y ; ,u a p y ; e p i y a j ; j p w ; F k ; ,il a p y ; ,u a p y ; tz ; b a p y p U e ; J jt w p f P N o t p O e ; J ji y a p y ; g y j ; j f h a k ; V w ; g l ; L r k ; g t ,lj ;j p N y N a , we ; J t pl ;lj h f n g h J k f ; f s ; n j h i y N g r p % y k ; v d f ; F jft y ; $ w p d h h ; f s ;. C l N d c wt p d h ; f S l d ; G w g ; g l ; L r k ; g t ,lk ; n r d ; W ,u a p y p y ; jt w p t p O e ; J m b g ; g l ; lt h ; v d J fzt h ; j h d ; v d c W j p n r a ; N j d ; . V d J fzt h p d ; , w g ; g p y ; v e ; j r e ; N j fk ; ,y ;i y v d J fzt h p d ; g p N u j j ; i j g p N u j g h p N r h j i d f ; F g ; g p w F kj r ; r h u ; g b v d J n r h e ; j C h p y ; m l f ; fk ; n r a ; a x g ; g i lf ; F k h W g z p T l d ; N f l ; L f ; n f h s ; f p N w d ; . ” 8. As per the inquest report, the reason for the death was stated as follows: “IX. The deceased Premkumar aged 58, S/o. Mahalingam, Vasu Nagar, 2nd street, Iyyer Bungalow, Madurai on 07.12.2013 around 7 o'clock in the night informed that he was proceeding to chennai by train in connection with personal work and on 08.12.2013 prior to the morning and in between Ottakovil Railway Station and Senthurai railway station at K.m.255/00-100 on account of heavy crowd accidentally fell down and sustained grievous injuries and due too much loss of blood died at the scene of occurrence itself and that the gangman saw the same and conveyed the information to S.M.Senthurai.” 9. As per the final report it reveals that, Other Language “ v d J N e u b k w ; W k ; ki w K f t p r h u i z a p y p U e ; J k ; g p N u j k h d g p N u k ; F k h h ; v d ; g t h ; 0 7 . 1 2 . 2 0 1 3 k ; N j j p ,u T R k h h ; 7 . 1 2 . 2 0 1 3 k ; N j j p ,u T R k h h ; 7 . 0 0 kz p m s t p y ; , n r h e ; j N t i y f h u zk h f n r d ; i d f ; F k J i u a p y ; , U e ; J , V N j h x U ,u a p y ; tz ; b a p y ; t e ; jt h ; 0 8 . 1 2 . 2 0 1 3 k ; N j j p kj p a k ; 1 5 . 0 0 kz pf ; F K d ; G x l ;lf ; N f h t p y ; , u a p y ; e p i y a j ; j p w ; F k ; ; n r e ; J i w ,u a p y ; e p i y a j ; j p w ; F k ; ,il N a KM 255/00-100y ; ,u a p y ; tz ; b a p y p U e ; J jt w p f P N o t p O e ; J , ji y a p y ; g y j ; j f h a k ; V w ; g l ; L k ,; if f h y ; f s p y ; r p u h a ; g ; G f h a k ; V w ; g l ; L k ; rk ; g t ,lj ;j p N y N a ,w e ; J s ; s h h ; v d n j u p a t U f p w J . V d N t g p N u j k h d g p N u k ; F k h h p d ; k u zj ; ij “ t p g j ; J k u zk ; ” v d K b T n r a ; J , f dk ; tl ;l h r ; r p a h ; n r e ; J i w mt h ; f S f ; F , Wj p m w p f ; i fi a rk h ; g ; g p f ; f p d ; N w d ; . ,j ; J l d ; PM, r h d ; W ,izj ; J c s ; N s d ; . ” 10. Based on all these documents, it clearly reveals that the deceased was accidentally fallen down from the train between Sendurai & Ottakoil Railway Station, and sustained grievous injuries and died. With the help of all those documents, the appellants prima facie established that the death occurred by accidental fall from the train. 11. Per contra, the learned counsel for the Railway Authorities submitted that the death occurred due to his own negligence. So the appellants/claimants are not entitled to claim the compensation under Section 192 (A) of the Act. But there is no evidence on the side of the Railways to prove that the accident happened due to the negligent act of the deceased. 12. On the other hand, the documents relied by the appellants established that the deceased was accidentally fallen down from the train and died. About the possession of the valid ticket, it is impossible to recover the ticket from the occurrence place or from the body of the deceased. 13. But the fact and circumstances proved that, at the time of the accident, he was travelling in the Pandian Express train. Though, the Railway Authorities formally denied this fact, but there is no material evidence to disprove this aspect. As per the FIR, the death happened while he was travelling in the Pandian Express train. So the claimants established that the deceased died due to the accidental fall from the train. But the Railway Authorities failed to establish that the accident happened due to the negligent of the deceased. 14. As per the FIR, the death happened while he was travelling in the Pandian Express train. So the claimants established that the deceased died due to the accidental fall from the train. But the Railway Authorities failed to establish that the accident happened due to the negligent of the deceased. 14. The ratio laid down in a Division Bench of this court in the case of The Union of India Owning Southern Railway Vs. G.Jayalakshmi and others, reported in 2012(3) CTC 741 , held as follows: Railways Act, 1989 (24 of 1989), Section 123(c) & 124-A - “Untoward incident” - Claimant's deceased husband fallen down from train due to overcrowding and died – Deceased lost ticket during accident – Contention of Railways that incident happened due to negligence on part of deceased and claimant has failed to prove that deceased was travelling with valid ticket – Held: Normal presumption is that passenger in Train holds valid ticket – Burden is on Railways to prove that deceased is not bona fide passenger – Accidental fallinig of passengers from Train carrying passengers would come within purview of “Untoward incident” and Claimants entitled to claim compensation.” This decision squarely apply to the facts of this case. The normal presumption is that passenger holds valid ticket. 15. But the Tribunal, without appreciating all those facts, erroneously concluded that the claimants are not entitled to get compensation under Section 124(A) of the Act. Therefore, the findings given by the Tribunal is set aside. Accordingly, the order dated 22.03.2016 passed by the Tribunal in O.A.(II-U)No.133 of 2014 is set aside and the Civil Miscellaneous Appeal stands allowed. The appellants are entitled to the total compensation of Rs.8,00,000/- along with interest at the rate of 9% per annum from the date of claim petition. (i) The first appellant/wife of the deceased is entitled to the compensation of Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand Only). (ii) the appellants 2 to 4 / children of the deceased are entitled for a compensation of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) each. 16. The 1st appellant is permitted to withdraw her respective portion of the compensation by filing an appropriate application and the payments are to be made through RTGS. (ii) the appellants 2 to 4 / children of the deceased are entitled for a compensation of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) each. 16. The 1st appellant is permitted to withdraw her respective portion of the compensation by filing an appropriate application and the payments are to be made through RTGS. As far as the minor share of compensation is concerned, the same is to be deposited in any one of the Nationalized Bank in an interest bearing deposit scheme and the same is to be renewed periodically till the minor attained the age of majority. 17. Accordingly, the Civil Miscellaneous Appeal stands allowed. The respondent/Railway is directed to deposit the award amount with accrued interest within a period of 12 weeks from the date of receipt of a copy of the judgment. No costs.