jys nkok U;k;kf/kdj.k] iVuk RAILWAY CLAIMS TRIBUNAL, PATNA OA(II a)/PNBE/0069/2023 CORAM: Dr. Madhukar Sinha, Hon’ble Member (Technical)

Date of Registration: 31.07.2023 Date of decision: 14.08.2023 Pinki Devi & Others W/o Late Rajesh Kumar Yadav All residents of Vill : Sanaur Dhanushi, Ward No.-1, Post: Gandhwar, P.S.: Sakri, District: Madhubani, Bihar, PIN: 847234. … Applicants Versus Union of India, Through the General Manager, South Eastern Railway, Kolkata … Respondent 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 has been filed by the applicants, Smt Pinki Devi &

Others, claiming the compensation on account of death of her husband, Rajesh Kumar Yadav aged- 35 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, are that the deceased, after having purchased a valid journey ticket (Ticket No.05857945) Ex- Shalimar to MGR Chennai CTL and boarded the train No.12841 (SHM-MAS Coromandel Express) at Shalimar railway station on 02.06.2023. The said train collided with the 12864 SMVB- HWH Exp. Train at Bahanaga Bazar railway station, under Kharagpur Division of South Eastern Railway in Balasore District of Odisha, as a result of which he sustained severe injuries on his person and died on the spot.

03. The Respondent Railway has filed their written statement in which they have admitted about the aforesaid train accident on 02.06.2023 at Bahanga Bazaar Railway Station. The report further reveals that the name of the deceased Rajesh Kumar Yadav, whose name appears at Sl. No.01 of list of ECR/SPJ in google sheet (www.ser.indianrailways.gov.in) and a sum of ₹10,00,000/- (Rupees Ten Lakh only) has been paid by South Eastern Railway as Ex-gratia to the applicant namely Pinki Devi (Wife of the Deceased).

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

05.

Smt Pinki Devi the applicant 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 the Balasore Train Accident. She also deposed that she has two sons and one daughter. Her father in law Shri Ramudgar Yadav and mother-in-law Raso Devi are alive and live with her.

06. She also requested the Tribunal that the entire compensation, if any, payable to her may be kept in FD for 5 years.

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

08. 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. 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. The applicants have already received an amount of ₹10,00,000/- (Rupees Ten Lakh only) as ex-gratia from the Railway Administration 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. Hence, the applicants being the wife, all children, father and mother of the dec