र॓ल दावा अिधकरण, कोलकाता (cid:14)ायपीठ BEFORE RAILWAY CLAIMS TRIBUNAL, KOLKATA Claim Application No. OA(IIa)/0344/2023 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 : 02.08.2023.

Date of Registration : 04.08.2023. Date of the Decision : 17.08.2023.

1) Kalam Halder, , ……….. Applicant.

S/O – Naim Ali Halder, residing at Hesamabad, South 24-Parganas, West Bengal – 743347.

-VS-

Union of India represented through ……… Respondent.

General Manager, South Eastern Railway, Kolkata.

Claim for Rs.4,00,000/-.

Presented : The applicant in person.

Mr. Asoke Prasad, Ld. Counsel for the respondent.

िनण॔य 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 Coromondel Express.

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

5) Nature of the case : Injury.

(Death or Injury)

6) Name of the Injured : Kalam Halder

7) Amount of ex-gratia paid : Rs.1,10,000/- + Rs.50,000/- = Rs.1,60,000/-

8) No. of claimants(s) : one

9) Date of filing ‘WS’ : 17.8.2023

10) Contents of the Petition : On 02.6.2023, the victim, Kalam Halder was travelling by 12841 Coromondel Express from Shalimar to Kerala via Chennai and during the course of journey at about 19.00 hrs. in the evening when the said train arrived near Bahanaga Bazar Railway Station, district – Balasore, Orissa the train collided with a Goods train, as a result large number of passengers died and sustained injuries and the victim, Kalam Halder sustained injuries due to said Contd.……/2.

railway accident. The victim was treated in Baleswar Hospital and SSKM Hospital, Kolkata.

11) Averments in the ‘WS’ : Occurrence of the Accident and conveyed sympathy to the applicant for his injury.

12) Issues framed on : 17.8.2023. 13) Final arguments held on : 17.8.2023

14. It is evident that occurrence of the instant railway accident is fully admitted and widely circulated and the respondent railway in their W.S. have conveyed full sympathy to the applicant for the injury sustained by the injured/the applicant, Kalam Halder. But the respondent railway has not admitted that they paid Ex-gratia to the applicant but accepted the bonafide of the applicant as a passenger. Issues were framed as under :

ISSUES :

1. Whether the applicant was a bonafide railway passenger as claimed?

2. Whether the applicant sustained injuries in a railway accident as alleged and if so, whether this accident is covered under Section 124 of the Railways Act, 1989 ?

3. Whether the applicant is entitled to get any compensation from the respondent and if entitled, what would be quantum of compensation ?

4. Relief, if any ?

कारणो ंसिहत िनण॔य DECISION WITH REASONS Issue No. 1 & 2 :-

15. These two issues are taken up together for the brevity of discussion.

15. In this case the applicant has filed photo copy of her railway journey ticket under PNR No. 22982208 ( for two persons) before this Court. Ld. Counsel for the respondent railway admitted that the said ticket was verified and found to be genuine and the victim was travelling by train by dint of that railway ticket. Moreover Ex-gratia was paid to the victim after the incident. As such, the respondent railway has accepted the bonafide of the applicant as railway passenger on the fateful date of incident. The applicant has filed Discharge Certificate of SSKM Hospital (Exbt. A/01/01), Injury Report of SSKM Hospital (Exbt. A/02), OPD Patient Card of SSKM Hospital (Exbt. A/03), OPD Patient Card of SSKM Hospital (Exbt. A/04), MRI Report (Exbt. A/06) and Discharge Certificate of Balasore Hospital (Exbt. A/07). From the medical documents, it is clear that the patient, Kalam Halder (the applicant) was treated in those hospitals as a victim of train accident. In adjudicating this issue, the Tribunal observes that the Contd.……/3.

period of treatment of the appl