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2025 Supreme(Online)(RCT) 657

RAILWAY CLAIM TRIBUNAL - BHUBNESHWAR
MANDAKINI MAJHI – Appellant
Versus
GM/SCR – Respondent
OA (II u)/BBS/116/2024



oA (llu) I l6 of 2024 Page I Cose No. OA (ilU)/t t6l2}24 (corqm: sri Prosonto Kumor sohu, Member (Technicor), RCT/Ronchi ot RCT/BBS.

Dote of untoword incident: 29/O4/2024 Dote of cloim Regisrrotion: l9/O7 /2024 Dore of Judgment: 12/03/2025 Cloimed Amount: Rs. 9,00,000/_

ln the motter of I.

MRS. MANDAKINI MAJH!, oged obout 44 yeors Appliconts W /o. Lote Sundor Moihi

2.

RESHIVIA MAJHI, oged obour l4 yeors, 3.

YASMINI MAJHI, oged obout 0g yeors Applicont Nos. 2 & 3 ore D/o. Lote Sundor Moihi & ore being minor represented through their Mother & noturol guordion i.e. Appliconts No. I )

4.

MR. CHANDRASENA MAJHI, oged obour g5 yeors, S/o. Lote Krushno Chondro Moihi All ore residence of Viil: Moliihor, pO:

Rigdul, Vio.: Titlogorh, Dist.: Bolongir, Odisho.

-Versus-

Union of lndio represented through Respondent It's GENERAL MANAGER, SOUTH CENTRAT RAttWAy Secundero bod, Telegono.

Appeqronce:

For the Appliconts : Sri K.L. pondo, Advocote.

For the Respondent : smt. p. pottnoik, Ld. Addr. stonding Counser.

ru_D_qEr^_Exr l.

originolly, this cloim opplicotion hos been filed by the Appliconts (wife, minor doughters & fother of the deceosed) under section l6 of the Roilwoy fil!-bt^*

OA (JlU) | t6 of 2024 Page 2 cloims Tribunol Act, r 987, cloiming compensotion of Rs. g,oo,ooo/- (Rupees Eight Lokhs) olong with interest 12Yo per onnum from the dote of incident to till poyment from the Respondent Roilwoy Administroticn on occount of deoth of Sundor Moihi, ollegedly in on untoword incident involving foll from o running troin on 29/04/2024. During pendency of the croim, the Appricont Nos. 4 (chondroseno Moihi), fother of the deceosed, died on 20/r2/2024 ondthe Ld. Counsel for the Applicont filed one petition to delete his nome in the couse title of the originol cloim opplicotion ond proyed for continuing their cose leoving the present petitioners os their only legol heirs, which wos ollowed by the Tribunol on doted 10/03/2025. Now the wife, ond two minor doughters of the deceosed ore the Appliconts in this cose.

2'

Brief fqcls of lhe cqse: According to the originol ctoim opplicotion, Sundor Moihi (herein ofter referred to os the deceosed) wos working os o lobour ot chennoi in the stote of Tomil Nodu. ln order to come to his notive villoge on

28/o4/2024 he commenced his iourney from chennoi cenrrol to Titilogorh roilwoy stotion by 13352 Dhonbod Express troin ofter purchosing o llnd closs iourney ticket. During course of iourney, on 29/04/2024, he occidentoily feil down from the running troin ot KM No. 2os/15-r 3 in between Ailuru Rood & Bitrogunto roilwoy stotions, sustoined iniury ond died on the spot. The body of the deceosed wos first noticed by the on duty Key Mon rying by the side of the roilwoy trock' He immediotely informed the motter to on duty Dy. SS (Dy. Stotion Superintendent) of Bitrogunto roitwoy stotion. ln this connection the Govt. Roilwoy Police, (GRP), Kovoli, hos registered o Crime Cose beoring No. 24/2024 ond took up investigotion. lt is overred by the Appticonts thqt the deceosed wos o bono fide possenger ond on the dote of incident, he wos trovelling vide iourney ticket beoring No. UMM-g3g54gg5 dored 2g/04/2024 rrom MGR chennoi Centrol to Titilogorh roilwoy stotion.

3.

Respondent's Repry: on receipt of the notice, the Respondent Roirwoy filed its written stotement to the cloim opplicotion olong with DRM,' stotutory investigotion report (Ext.'l). ln the written reply, it is stoted thot the deod body of the deceosed wos first noticed by on-duty Key Mon; the body wos rying between UP ond Down trocks ot obout l5 feet distonce from down trock ot KM [w0 i on (ttu) I te or zOZ page No' 205/l 4'16 in the bushes in between Alluru Rood-Bitrogunto sections. lt is odmitted thot os per Joint Observotion Reporr (JoR) ond poro l5 of the inquest report, o vorid iourney ricket beoring No. UMM-g3g54gg5 dored 2g/04/2024 from chennoi centrol to Titilogorh roilwoy stotion wos recovered from the body of the deceosed' According to the DRM's investigotion report there is no

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