IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.461 of 2004 KRISHNA DEVI, W/O Late Jai Kishun Jha, R/O Vill. Marwan, P.S. Sakra, Distt. Muzaffarpur. ………..Applicant(Claimant) Versus UNION OF INDIA, Though the General Manger, North East Railway, Gorakhpur ………….Respondent. For the Appellant: Mr. Anil Kumar, Advocate. For the Respondent : Mr. A. Amanullah, Advocate. ----------- 6. 05-07-2010 Heard learned counsel for the appellant as well as for the respondent. During course of argument, it is pointed out by referring specially Para-8 of order of the Railway Claim Tribunal that it has denied the claim of the appellant mainly on the ground that “they utterly fail to produce any documentary evidence to prove that deceased Jai Kishun Jha was on official duty, though ample opportunity was available to the appellant”, but as it appears from the record received from the claim Tribunal that as early as on 21.01.2003 and subsequently as evident from order dated 30.5.2003, though those documents were marked as Exhibits- A-1 to A-5 of such documents referred to above, perhaps lost sight of the claim Tribunal at the time of finally deciding the case apart from the above, two more documents appears to be on record, filed on 30.5.2003 but also lost consideration for mentioning anything in the order- sheet. All such documents appears to be relevant for arriving at 2 any definite conclusion in the controversy. It is also pointed out that some sort of oral evidence on behalf of the claimant is also required to show the manner of incident causing death of one Jai Kishun Jha. Since Claim Tribunal failed to consider the documents on record and arrive at a conclusion that claimant has failed to produce all such documents. It seems desirable that matter be remitted to the Claim Tribunal for fresh decision on the basis of materials on record and if prayed providing opportunity to the parties to adduce any more evidence but in no case the Claim Tribunal should take more than six months time from the date of receipt of the copy of order along with the record in disposing of the case. With this direction and observation the impugned order is set-aside and the matter is remitted to the Claim Tribunal, office is directed to transmit Lower Court Records along with copy of this order at the earliest. Praveen (Akhilesh Chandra,J.)