रल॓ दावा अ(cid:8)धकरण, कोलकाता (cid:14)यायपीठ BEFORE RAILWAY CLAIMS TRIBUNAL, KOLKATA Coram :- Mr. Sanjay Singh Gehlot, Hon’ble Vice-Chairman, RCT/Kolkata Mr. S. D. Sharma, Hon’ble Member(Judicial)/RCT/Kolkata Date of filing of the Case : 02.07.2024.

Date of Registration : 03.07.2024. Date of the Decision : 19.08.2024.

1. Mahilal Mandal, father of the victim. ……….. Applicant.

2. Chhabi Mandal, mother of the victim.

both residing at Vill. - Kaliganj, P.O. – Choraimoni, Chachal, Dist .- Malda, West Bengal – 732139.

-VS-

Union of India represented through ……… Respondent.

General Manager, N. F. Railway, Maligaon, Guwahati, Assam.

Claim for Rs.8,00,000/-.

Presented : Mr. R. N. Basu, Ld. Counsel for the applicant.

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

(cid:19)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 : 17.06.2024.

2) Nature of the Accident : Collision and Derailment.

3) Train(s) involved : 13174 DN (Kanchenjunga Express).

4) Place of the Accident : Between RNI–CAT railway station under N. F. Railway.

5) Nature of the case : Death.

(Death or Injury)

6) Name of the deceased/victim : Sneha Mandal @ Sneha Mondal

7) Amount of ex-gratia paid : Rs.10,00,000/-

8) No. of claimants(s) : 02 (two)

9) Date of filing ‘WS’ : 12.08.2024 Contd……2

10) Contents of the Petition :

On 17.06.2024, the victim, Sneha Mandal along with her parents was travelling from New Jalpaiguri R/S to Samsi R/S by 13174 DN Kanchanjunga Express with valid general railway ticket and during the course of journey, the said train was hit/collided by a goods train and got derailed near Rangapani Railway Station under N. F. Railway. As a result a large number of passengers died and sustained injuries and the victim, Sneha Mandal sustained serious injuries due to said accident and she was taken to North Bengal Medical College & Hospital for treatment but unfortunately she died on 18.06.2024.

11) Averments in the ‘WS’ :

Occurrence of the accident/incident, bonafide of the applicant and death of the victim are admitted by the respondent.

12) Issues framed on : 14.08.2024. 13) Final arguments held on : 14.08.2024

14. It is evident that the occurrence of the instant railway accident is fully admitted by the respondent railway. The respondent railway in their W.S. has admitted that the victim died due to the said railway accident. The Respondent Railway has also admitted that the victim was a bona fide railway passenger of the said train on the fateful date of incident and Rs.10,00,000/- was paid to her nearest kin as ex-gratia by the Railway Administration. Since the boafide and death of the victim have been admitted by the respondent railway, we do not want to discuss it further. Issues were framed as under :

15. ISSUES :

1. Whether the applicants/claimants are the lawful dependants of the victim in terms of Section 123(b) of the Railways Act, 1989 and they are entitled to get compensation as prayed for ?

2. What other relief/reliefs, the applicants/claimants are entitled to get from the respondent railway ?

Contd……3 कारण(cid:22) स(cid:24)हत (cid:19)नण॔य DECISION WITH REASONS

16. Issue No. 1 :-

16.1 The applicants/claimants in the claim application as well as in the affidavit sworn on 14.08.2024 by the applicant No.1 stated that they preferred compensation for themselves for the death of their minor daughter due to the train accident and no other dependant of the deceased has been mentioned. It is seen that Dead Body Challan (Exbt.A/2), Death Certificate of Sneha Mandal (Exbt.A/3), Aadhar Card of Sneha Mandal (Exbt.A/4), Aadhar Card of Chhabi Mondal (Exbt.A/5), Election I/D Card of Chhabi Mandal (Exbt.A/6), Aadhar Card of Mahilal Mndal (Exbt.A/7) and Election I/D Card of Mahilal Mandal (Exbt.A/8) have been filed on the record. From those documents, it reveals that Mahilal Mandal and Chhabi Mandal are parents of the victim, Sneha Mandal. Thus, the Tribunal observes that all the claimants are the ‘dependants’ of the deceased unde