jsy nkok U;k;kf/kdj.k] iVuk RAILWAY CLAIMS TRIBUNAL, PATNA OA(II a)/PNBE/071/2023 CORAM: Shri Vinod Kumar Ojha, Hon’ble Member (Judicial)/Varanasi at Patna Dr. Madhukar Sinha, Hon’ble Member (Technical)

Date of Registration: 31.07.2023 Date of decision: 06.12.2023 Dhanavanti Devi & Others All residents of Vill: Chikni, P.O. + P.S.: Ramgarhwa, Distt.: East Champaran Bihar, PIN: 845433. … Applicant Versus Union of India, Through the General Manager, … Respondent South Eastern Railway, Kolkata Appearances: Applicant appeared in person.

Shri Radhika Raman Ld. counsel for the respondent fu.kZ;

JUDGEMENT By Dr. Madhukar Sinha, Member (Technical):

01. The present claim application was filed by the applicant, Smt Dhanavanti Devi & Others, claiming compensation on account of death of her husband, Vijay Kumar Paswan @ Vijay Paswan, aged 36 years, allegedly in a train involving collision of mail express train on 02.06.2023 at Bahanaga Bazar Railway Station under the jurisdiction of South Eastern Railway.

02. The brief facts, as stated in the original application, were as follows:

a. The victim, after having purchased a valid journey ticket, boarded train No. 12841 (SHM-

MAS Coromandel Express).

b. The said train collided with the Train No.12864 SMVB-HWH Exp. at Bahanaga Bazar railway station, under Kharagpur Division of South Eastern Railway in Balasore District of Odisha, on 02.06.2023.

c. He sustained severe injuries on his person due to the aforesaid accident resulting he died.

03. The Respondent Railway filed their written statement in which they admitted the aforesaid train accident occurred on 02.06.2023 at Bahanga Bazaar Railway Station. The report further revealed that the name of the deceased Vijay Paswan, appeared at Sl. No. 27 of list of E.C. Railway/SPJ Division in google sheet (www.ser.indianrailways.gov.in). The applicant Smt Dhanayanti Devi (Wife of the deceased) received a sum of ₹10,00,000/- (Rupees Ten lakh only) from South Eastern Railway as Ex-gratia.

04. In support of claim the applicant, Smt Dhanavanti Devi appeared in person before Tribunal and furnished the following documents:

05. The applicant, Dhanavanti Devi , appeared as witness AW-1 and affirmed the facts stated in the claim application. She testified during cross-examination that her deceased husband died in Balasore Train Accident. She also deposed that she had children Niraj Kumar, Dhiraj Kumar, Nandni Kumari (married), Chandni Kumari, Babli Kumari and her mother in law (Bhagmani Devi) is alive. A sum of ₹10,00,000/- (Rupees Ten lakh only) was paid to him as Ex-gratia by the Government of India through South-Eastern Railway Administration.

06. We have heard the arguments of both the sides and perused the entire evidence on this file.

07. There is no dispute about the fact that Train No.12841 (Coromandel Express) and Train No.12864 (YPR-HWH Express) were involved in an accident involving their collision at the Bahanga Bazaar Railway Station on 02.06.2023.

08. The death of the deceased has been admitted by the Respondent Railway in that accident. The dependency of the Applicants with the deceased has also not been disputed. The Respondent has not disputed the fact that the deceased was a bona fide passenger of the said train at the material time within the meaning of Section 2 (29) and died due to injuries sustained by him as a result of accident within the meaning of Section 124 of Railways Act, 1989. The applicants have already received an amount of ₹10,00,000/- (Rupees Ten Lakh only) as ex-gratia from the Railway Administration vide Sl No.151 of CTC list of S.E. Rly.