jsy nkok U;k;kf/kdj.k] iVuk RAILWAY CLAIMS TRIBUNAL, PATNA OA(II a)/PNBE/0121/2023 CORAM: Shri Vinod Kumar Ojha, Hon’ble Member (Judicial)/Varanasi at Patna Dr. Madhukar Sinha, Hon’ble Member (Technical)

Date of Registration: 10.10.2023 Date of decision: 30.11.2023 Rubeda Khatoon & Others W/o Late Md. Taswar All residents of Vill:Lilhaul, P.O.: Lilhaul, P.S.: Singhia, District: Samastipur, Bihar, PIN: 848209. … Applicant Versus Union of India, Through the General Manager, … Respondent South Eastern Railway, Kolkata 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 was filed by the applicant, Smt Rubeda Khatoon & Others, claiming compensation on account of death of her husband, Mohammad Taswar, aged 21 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, were as follows:

a. The victim, after having purchased a valid journey ticket, boarded train No. 12841 (SHM-

MAS Coromandel Express).

b. The said train collided with the Train No.12864 SMVB-HWH Exp. at Bahanaga Bazar railway station, under Kharagpur Division of South Eastern Railway in Balasore District of Odisha, on 02.06.2023.

c. He sustained severe injuries on his person due to the aforesaid accident resulting he died.

03. The Respondent Railway filed their written statement in which they admitted the aforesaid train accident occurred on 02.06.2023 at Bahanga Bazaar Railway Station. The report further revealed that the name of the deceased Mohammad Taswar, appeared at Sl. No. 02 of list in google sheet (www.ser.indianrailways.gov.in). The applicant Smt Rubeda Khatoon (Wife of the deceased) received a sum of ₹10,00,000/- (Rupees Ten lakh only) from South Eastern Railway as Ex-gratia.

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

05. The applicant, Smt Rubeda Khatoon , appeared as witness AW-1 and affirmed the facts stated in the claim application. She testified during cross-examination that she is second wife of the deceased. Her deceased husband died in Balasore Train Accident. She deposed that she had no issue. A sum of ₹10,00,000/- (Rupees Ten lakh only) was paid to her as Ex-gratia by the Government of India through South-Eastern Railway Administration. She also deposed that she does not want to live with her father in law and mother in law.

06. The applicant, Md Saukat Ali (father of the deceased) also appeared as witness and affirmed the facts stated in the claim application. He testified during cross-examination that Smt Rubeda Khatoon (second wife of the deceased) is widow of the deceased, she got ₹10,00,000/- (Rupees Ten lakh only) as Ex-gratia by the Government of India through South-Eastern Railway Administration and she live with her father & Mother (Mayke) and refused to came to the home of the deceased. His wife Muniya Khatoon (mother of the deceased) is alive and he is a labour.

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

07. 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.

08. 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