, रल॓ दावाअधिकरण कोलकाता न्यायपीठ BEFORE RAILWAY CLAIMS TRIBUNAL, KOLKATA BENCH Coram :: Shri Sanjay Singh Gehlot, Hon’ble Vice Chairman, RCT/Kolkata.

Shri S.D. Sharma, Hon’ble Member (Judicial), RCT/Kolkata.

Claim Application No.OA(IIu)/KOL/2024/0272 Application filed on 28.11.2024 & registered on

28.11.2024 &

Decided on 26.02.2026.

1. Shuili Khatun @ Shiuli Khatun @ Shiuli Khatun, W/o late Najrul Islam.

2. Rubel Sk. S/o late Najrul Islam.

3. Tamanna Yeasmin, D/o late Najrul Islam.

4. Tamin Akhtar, S/o late Najrul Islam. 5. Afiya Yeasmin, D/o late Najrul Islam.

6. Morsalim @ Morsalim Sekh @ Seikh Morsalim, F/o late Najrul Islam Address:

Vill: Gobindapur, P.O: Tinpakuria, P.S: Samserganj, Dist: Murshidabad, West Bengal Pin code – 742 202 …. Applicants.

-VS-

Union of India represented through The General Manager, South Eastern Railway, Kolkata. … Respondent. Monkhos Bibi, M/o late Najrul Islam … Proforma respondent.

Address:

Vill: Gobindapur, P.O: Tinpakuria, P.S: Samserganj, Dist: Murshidabad, West Bengal Pin code – 742 202 Value of claim : Rs.8,00,000/-

Contd…/2 Recorded Advocate: Shri R.N. Basu, Ld. Counsel for the applicant.

Shri N. Mishra, Ld. Counsel for the respondent.

निण॔य

J U D G E M E N T

The instant claim petition has been filed by the applicant, Shiuli Khatun for herself as well as on behalf of her four minor children and on behalf of her father-in-law under Section – 16 of the Railway Claims Tribunal Act, 1987 seeking compensation for an amount of Rs.8,00,000/- along with cost and interest, as dependents, for the death of her husband, Najrul Islam. It has been stated in the claim application that on 16.06.2022, her husband, Najrul Islam, since deceased, boarded a train for the journey from Soro to Howrah railway stations. It has pleaded that her husband changed his train from Kharagpur and further boarded 38826 (Midnapore-Howrah) local train. During the course of the journey, her husband fell down from the said local train at the end of East Yard of Panskura railway station and was first taken to Uluberia S.D. Hospital with the help of railway police and thereafter shifted to S.S.K.M. Hospital, Kolkata where he died on 27.08.2022 at 06.30 p.m. The claim petition was filed with a delay petition which was condoned vide its Order No.03 dated 25.11.2024 by the bench of this Tribunal. Further during the course of the proceedings, the applicant filed Contd…/3 an amendment petition for inserting the name of the co- passenger, Jamirul Hoaque, which was dismissed vide its Order No.10 dated 11.11.2025 by the bench of this Tribunal.

2. The respondent, South Eastern Railway has contested the case filing a written statement wherein it has denied and disputed the bona fide of the victim as a passenger. It has further pleaded that it was upon the applicant to prove that the victim was a bona fide passenger of any train. The respondent also denied that there was any untoward incident on the said alleged date at the alleged place of incident or that there was any accidental fall from train, as alleged. It has finally prayed for dismissal of the claim petition.

3. Upon pleadings of the parties, following issues were framed on

03.01.2025:-

1) Whether the incident on account of which the victim is alleged to have sustained injuries and died and the said incident is covered as an ‘untoward incident’ within the provision of Section

123(c)(2) of the Railways Act, 1989 ?

2) Whether the victim was a bona fide railway passenger?

3) Whether the applicant and others are the dependents of the deceased and are entitled to get compensation, as prayed for?

4) To what other relief, if any, the applicants are entitled ?

4. To prove the case of the applicants, one of the claimants, Morsalim @ Morsalim Sekh @ Seikh Morsalim, stated to be father of the deceased, has affirmed an affidavit and produced himself as witness (AW/1). On behalf of the claimants, the documents produced Contd…/

and marked as – (1) Affidavit-in-chief of Morsalim @ Morsalim Sekh @ Seikh Morsalim (Exhibit