`रल॓ दावा अ(cid:8)धकरण, कोलकाता (cid:14)यायपीठ BEFORE RAILWAY CLAIMS TRIBUNAL, KOLKATA Claim Application No. OA(IIa)/0496/2023 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 :22.09.2023.

Date of Registration :03.10.2023. Date of the Decision :19.10.2023.

Santu Mondal, S/o Tapan Mondal ….. Applicant.

Residing at:

Sarbhuma, Gosaidihi, Satyayatan, Bankura.

West Bengal-722 139.

-VS-

Union of India represented through ……… Respondent.

General Manager, South Eastern Railway, Kolkata.

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

Presented : The applicant, in person.

Shri S. Kumar, CLA for the respondent.

(cid:19)नण॔य J U D G EM E N T Basic details relating to accident as contained in the application.

1) Date of the Accident : 02.06.2023.

2) Nature of the Accident : Collision and Derailment.

3) Train(s) involved : 12864 Dn.

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 applicant : Santu Mondal

7) Amount of ex-gratia paid : Nil

8) Relationship with the applicant: Self.

9) Date of filing ‘WS’ : 13.10.2023 Contd…../2

10) Contents of the Petition : On 02.6.2023, the applicant was travelling by 12864 Dn. from Jajpur to KGP 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 large number of passengers died and sustained injuries and the applicant sustained injuries due to the said railway accident.

11) Averments in the ‘WS’ : Respondent has admitted the accident at Bahanaga Railway Station involving train no.12841 Coromandel Express and 12864 SMVB-HWH Express on

02.06.2023 at about 19.00 hrs. and payment of ex-

gratia to the applicant. However, it has contended that the applicant has to produce the original ticket.

12) Issues framed on : 13.10.2023. 13) Final arguments held on : 13.10.2023

14. Upon pleadings of the parties, the following issues were framed for proper adjudication of the case:

1) Whether the applicant was a bona fide railway passenger of any of the trains involved in the said railway accident and he sustained injuries in that train accident, as claimed ?

2) Whether the applicant is entitled to get any compensation from the respondent and if so, what would be the quantum?

3) Relief, if any.

कारण(cid:8)स(cid:10)हत(cid:13)नण॔य DECISION WITH REASONS Issue No. 1 :-

15. The applicant in the claim petition has stated that on 02.6.2023 he was travelling from Jajpur to KGP. The applicant has filed his original ticket, marked as Exht.A/1. The respondent in their ‘WS’ has stated that the ticket was found to be genuine. The respondent also admitted the payment of ex-gratia to the tune of Rs.50,000/- to the applicant. Thus, it is held that the applicant was a bona fide passenger and he sustained injury in the accident. Therefore, this issue is decided in favour of the applicant.

Contd…../3 Issue No. 2 :-

16. The applicant has claimed compensation for an amount of Rs.2,00,000/- for the injuries sustained by him due to the said railway accident. He deposed that he sustained left wrist fracture in the accident. X-ray report filed by him showed suspected fracture in articular surface of radius. OPD Patient card(Exht.A/3) mentioned that he sustained mild dorsal sublaxation of left distal ulna. This part of the injury comes under Sr. No.34 of the the Schedule of injuries of Railway Accidents and Untoward Incidents (Compensation) Amended Rules, 2016, where the prescribed amount of compensation is Rs.64,000/-. Besides, the applicant is also entitled to get Rs.10,000/- due to pain and suffering under Rule 3(3) of the Railway Accidents and Untoward Incidents(Compensation) Rules, 1990. The applicant is, therefore, entitled to get Rs.74,000/- as compensation. The identity of the applicant has not been disputed by the respondent. Therefore, it is concluded that i