र॓ल दावा अिधकरण, कोलकाता (cid:7008)यायपीठ BEFORE RAILWAY CLAIMS TRIBUNAL, KOLKATA Claim Application No. OA(IIa)/0294/2023 Coram :- Mr. Sanjay Singh Gehlot, Hon’ble Vice-Chairman, RCT/Kolkata &

Mr. Rajeev Jain, Hon’ble Member(Judicial)/RCT/Kolkata Date of filing of the Case : 24.07.2023.

Date of Registration : 26.07.2023. Date of the Decision : 03.08.2023.

1. Umedan Bibi Sk @ Sekh, ……….. Applicant.

W/O – Abdul Majid Sk

2. Sahil Sk, minor son of the deceased both residing at Chousuttibari, Ramtanunagar, South 24-Parganas, West Bengal – 743374.

-VS-

Union of India represented through ……… Respondent.

General Manager, South Eastern Railway, Kolkata.

Claim for Rs.8,00,000/-.

Presented : Mr. N. Mittal, Ld. Counsel for the applicant.

Mr. Subhas Kumar, CLA for the respondent.

िनणय॔

J U D G EM E N T Basic details relating to accident as contained in the claim application :

1) Date of the Accident : 02.06.2023.

2) Nature of the Accident : Collision and Derailment.

3) Train(s) involved : 12841 Up Coromandel Express.

4) Place of the Accident : Bahanaga Bazar Railway Station over S.E.Rly.

5) Nature of the case : Death.

(Death or Injury)

6) Name of the deceased : Abdul Majid Sk

7) Amount of ex-gratia paid : Rs.10,00,000/-

8) Relationship with the deceased : wife and minor son

9) Date of filing ‘WS’ : 03.8.2023

10) Contents of the Petition : On 02.6.2023, the victim, Abdul Majid Sk was travelling by 12841 Up Coromandel Express from Shalimar to Chennai and during the course of journey at about 19.00 hrs. in the evening when the said train arrived near Bahanaga Bazar Rly. Stn., district – Balasore, Orissa the train collided with a Goods train, as a result a large number of passengers died and sustained Contd.……/2.

injuries and the victim Abdul Majid Sk is also died due to the said railway accident.

11) Averments in the ‘WS’ : Occurrence of the Accident, payment of ex-gratia to the claimant and the deceased was a bona fide passenger.

12) Issues framed on : 03.08.2023. 13) Final arguments held on : 03.08.2023

14. Considering the facts that occurrence of the instant Railway Accident is fully admitted and widely circulated, the respondent railway in their ‘WS’ have conveyed full sympathy to the applicant for the death of Abdul Majid Sk due to the Railway Accident, the respondent also admitted the death of the victim and he was also a bona fide passenger of the train involved in the accident, the Tribunal observe that the issues like occurrence of the accident, death of the victim as a result of that accident and the bona fide of the deceased as a passenger of that train are no longer required to be adjudicated. Hence, the following two issues were framed for proper adjudication of the case :

1) Whether the claimants are the lawful dependants of the deceased, in terms of Section – 123 (b) of the Railways Act, 1989 and they are entitled to get compensation, as prayed for?

2) What other relief/reliefs the applicants are entitled to get from the respondent railway?

कारणो ंसिहत िनण॔य DECISION WITH REASONS Issue No. 1 :-

15. The applicants in the claim application as well as in the evidence on 03.08.2023 by the applicant No.1 has stated that she has preferred compensation for herself as well as on behalf of her minor son Sahil Ski as dependants for the death of her husband, Abdul Majid Sk and no other dependant of the deceased has been mentioned. It is seen that Aadhar Cards of Umedan Bibi Sk & Sahil Sk (Exbt.A/1 & A/6), Election I/D Card and PAN Card of Umedan Bibi Sk (Exbt.A/2 & A/3), Election I/D Card of Abdul Majid Sk (Exbt.A/4) and Death Certificate of Abdul Majid Sk (Exbt.A/5) have been filed on the record. From those documents, it reveals that Umedian Bibi Sk @ Sekh and Sahil Sk are respectively wife and minor son of the deceased, Abdul Majid Sk. Thus, the Tribunal observes that all the Contd.……/3.

claimants are the ‘dependants’ of the deceased under Section -123(b) of Railways Act, 1989 and accordingly they are entitled to get compensation.

Issue No. 2 :-

16.1 The applicants have