`रल॓ दावा अ(cid:8)धकरण, कोलकाता (cid:14)यायपीठ BEFORE RAILWAY CLAIMS TRIBUNAL, KOLKATA Claim Application No. OA(IIa)/KOL/0515/2023 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 :10.10.2023.

Date of Registration :13.10.2023. Date of the Decision : 01.11.2023.

Gobinda Makur, son of Badal Makur ….. Applicant.

Residing at:

Primary School, Vill. Patrabakhra, Joykrishnapur, Bankura, West Bengal – 722 122.

-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 : 12841

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 : Gobinda Makur

7) Amount of ex-gratia paid : Rs.50,000/-

8) Relationship with the applicant: Self.

9) Date of filing ‘WS’ : 31.10.23 Contd…../2

10) Contents of the Petition :On 02.6.2023, the applicant was travelling by train no.12841 from KGP to Chennai and during the course of journey on 02.06.23 at about 19.00 hrs. in the evening when the said train arrived near Bahanaga Bazar Rly. Stn., district – Balasore, Orissa, the train met with an accident as a result large number of passengers died and sustained injuries and the applicant sustained injuries.

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.

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

12) Issues framed on : 31.10.2023. 13) Final arguments held on : 31.10.2023

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 she 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 KGP to Chennai, but his ticket was lost in the accident. In the written statement, the respondent stated that the applicant has not filed any travelling authority. However, the respondent in the written statement Contd…../3 admitted the payment of ex-gratia to the tune of Rs.50,000/- to the applicant. The applicant boarded the train from Kharagpur and the incident happened near Bahanaga, Orissa. Therefore, it is not believable that the applicant was not checked by the ticket checking staff during his journey. OPD Patient Card(Exht.A/3) stated that the applicant sustained injury in the train accident(Balasore). Thus, from the circumstantial evidence, it is clear that the applicant was a bona fide passenger on the date of occurrence of the incident and he sustained injuries in the accident.

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. The applicant deposed that in the accident he sustained injury on his both ears and right knee. But he did not sustain any fracture. The injury mentioned in the medical document does not fall under the Schedule of injuries of Railway Accidents and Untoward Incidents (Compensation) Amended Rules, 2016. Accordingly, the Tribunal observes that the injury sustained by the applicant are non-scheduled injury for which it is held that he is entitled to get Rs.30,000/- to