Position of dead body in middle of railway track can only be result of being hit by train and claimant cannot be denied compensation by Railways for such untoward incident.

The deceased and his son was undertaking a train journey and both of them travelled in different compartments as train was crowded. The son came to know about the accident wherein his father fell down from the train. He had identified body of his father and produced journey ticket. Deceased and his son were both proved to have travelled in train as bonafide passengers. The body of the deceased was found in middle of railway track and such a situation occurs only when a person is 'hit by train'. Thus, Delhi High Court held that deceased was proved to be a bona fide passenger and accident during which he suffered fatal injuries was an 'untoward incident'. The son of deceased cannot be denied compensation by Railways.