र॓ल दावा अिधकरण, कोलकाता (cid:14)ायपीठ BEFORE RAILWAY CLAIMS TRIBUNAL, KOLKATA Claim Application No. OA(IIa)/0336/2023 Coram :- Mr. Sanjay Singh Gehlot, Hon’ble Vice-Chairman, RCT/Kolkata Date of filing of the Case : 31.07.2023.

Date of Registration : 03.08.2023. Date of the Decision : 24.08.2023.

1) Suman Sardar, ……….. Applicant.

S/O – Satish Sardar, residing at Chandpur, Hatinagar, Berhampore, Murshidabad, West Bengal – 742102.

-VS-

Union of India represented through ……… Respondent.

General Manager, South Eastern Railway, Kolkata.

Claim for Rs.2,00,000/-.

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

Mr. Navneet Mishra, 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 Coromandel 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 : Suman Sardar

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

8) No. of claimants(s) : one

9) Date of filing ‘WS’ : 24.8.2023

10) Contents of the Petition : On 02.6.2023, the victim, Suman Sardar was travelling by 12841 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 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, Suman Sardar sustained injuries due to said Contd.……/2.

railway accident. The victim was treated in Bhadrak Hospital and Midnapur Medical College &

Hospital.

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

12) Issues framed on : 24.8.2023. 13) Final arguments held on : 24.8.2023

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, Suman Sardar. The respondent railway has not admitted that they paid Ex-gratia to the applicant and also denied 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.

15.1. From the Discharge Certificate dated 07.06.2023 issued by Midnapur Medical College & Hospital (Exbt.A/1), it is clear that the patient, Suman Sardar (the applicant) was treated in that hospital as a victim of train accident (Coromandal Express). In the claim application it is stated by the applicant that after the incident, he was having railway journey on the fateful date of incident and he has filed photo copy of one railway journey ticket. In adjudicating the issue, the Tribunal observes that the period of treatment of the applicant and date of occurrence of the accident verily matches. It is also observed that in the W.S., the victim was paid Rs.50,000/- as ex-gratia by the respondent railway and Rs.1,10,000/- as Ex-gratia from State Government due to the said accident and therefore, it is proved that the victim was travelling by train on the fateful date of incident. Moreover, as per the applicant she was travelling from Shalimar Railway Station to Chennai and the incident occurred at Bahanaga Bazar Railway Station which is more than hundred kilometer away and