Railways Act, 1989 – ss. 123(c) and 124 – Railway Passengers (Manner of Investigation of Untoward Incidents) Rules, 2003 – r. 7 – Claim for compensation – Victim-deceased fell down from the running train between platform and track and sustained grave injuries including decapitation and amputation of right hand – Deceased died on the spot – FIR was registered – Inquest report and final report submitted clearly revealed that death was an outcome of untoward railway incident – Claim petition was filed before the Railways claims Tribunal – Claims Tribunal held that appellants had failed to prove the death of deceased in an untoward incident and he was not the bonafide passenger making the Railway liable for grant of compensation – High Court upheld the decision of the Tribunal – On appeal, held: On perusal of the allegations of the FIR, inquest report, final report and the investigation report prepared under Rule 7 of the Rules, 2003, the allegation regarding an untoward incident, as pleaded in the claim petition, is fully established and supported by the testimony of AW1, son of the deceased – Therefore, the findings recorded in this regard by the Claims Tribunal and the High Court are without considering the documents of the investigation and the final report – As far as issue whether the deceased was a bonafide passenger is concerned, the ocular statement of AW1 that he had procured valid train ticket and given to deceased, the averments made in the claim petition was testified and even in the cross-examination, he has reiterated that ticket for deceased was purchased and sent him off at Station – The said averment finds support from inquest report by inquest officer, final report by investigation officer – Considering the material brought on record, the initial burden that the deceased passenger was having a valid ticket has been discharged shifting onus on the Railway Administration to disprove the said fact – Railways had not discharged the burden – Therefore, the Railway Administration liable to pay compensation prescribed.