New Delhi, Sept. 11 -- The Delhi High Court has held that an accidental fall of a passenger from an upper berth inside a moving train constitutes an "untoward incident" under the Railways Act, 1989, and cannot be brushed aside merely because the post-mortem report mentions myocardial infarction as the cause of death.

Justice Manoj Kumar Ohri observed while allowing an appeal filed by Shyam Singh and another against the Railway Claims Tribunal's order dismissing their compensation claim following the death of Sanjeev Kumar.

The Court set aside the Tribunal's judgment and remanded the matter to the Tribunal to assess the compensation payable to the appellants in accordance with law. It further directed the authorities concerned to disburs...