MISC. APPEAL No.219 OF 2009 In the matter of an application/Memo of appeal under Section 23 of the Railway Claims Tribunal Act, 1987. 1. RAM NARESH SINGH, S/o Late Nagina Singh. 2. Smt. Savit Devi, W/o Sri Ram Naresh Singh Both are resident of Village-Naili, P.S.-Nimachak Bathani, District-Gaya. …….. (Applicants in the Tribunal)…..Appellants. Versus THE UNION OF INDIA through the General Manager, East Central Railway, Hazipur, Bihar……(Respondent in Tribunal)……Respondent. ********* P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********** Anjana Prakash, J. The appellants seek quashing of the order dated 06.02.2009 passed in O.A. No. 000218 of 2004 passed by the Railway Claims Tribunal, Patna Bench by which he has refused compensation to the present appellants. The judgment has been assailed on the ground that erroneously the Tribunal has held that the deceased did not die on account of “untoward incident” which had taken place on the date of occurrence since the Railways had itself sent a communication dated 10.12.2007 before the Claims Tribunal that there was a report of the DRM that the deceased had died on account of falling off from the train but due to his own negligence and, therefore, to hold that the deceased had not died in an “untoward incident” whether contributed by the 2 deceased or not is completely erroneous. On going through the said communication, I am convinced that since the Railways had also conceded that an accident had taken place in which the deceased had lost his life but had only controverted that it had been contributed by the deceased himself it was erroneous for the Tribunal to conclude that no accident at all had taken place on the date of occurrence. In view of such, the application is allowed and the matter is remanded to the Tribunal for afresh adjudication of the matter within a period of nine months from the date of receipt of this order. Lower Court Records be remitted to the Court below immediately. Patna High Court, Patna, Dated the 7th February, 2011. NAFR/Vikash/- (Anjana Prakash, J.)