IMPROVEMENT TRUST LUDHIANA Vs. RAM PARKASH

JUDGEMENT

(1.) Heard Mr. K. C. Sahoo, the learned Counsel for the complainant and Mr. D. N. Mishra, the learned Counsel for the Railway. The point for consideration is whether the lower Court judgment awarding compensation against the Railway is sustainable in the eye of law.

(2.) It is not disputed that the complainant with his three other companions travelled in the train, Puri-New Delhi Express on 26.12.1997 against confirmed tickets in Coach No. S-9 and Berth Nos.9 to 12. The only allegation of deficiency on the part of the complainant is when they boarded the train they occupied the confirmed seat but at Bokaro Railway Station they were required to leave the seats to make room for some other passengers who claimed reservation against those seats from Bokaro to New Delhi. Mr. Mishra submits that the complainant boarded a wrong train and further the train number mentioned as 2815 was a wrong train number. On examining the lower Court record as well as the finding of the District Forum we find that there is nothing like that with regard to either mistake in mentioning the train number or that there was another train on the same day leaving from Puri for New Delhi. Had there been two trains on the same day at a given time, question of confusion would have been considered. But the finding of the District Forum is, there was no other train on that date.

(3.) That apart we find the deficiency of Railway Authorities are that against the particular ticket number 46 had been confirmed and that too from the starting station. If at all there was any reservation from Bokaro onwards in the name of some other persons this should have been made known to the complainant so that they could have not thought proper to travel in the same train. This is having not been done we accept the judgment of the District Forum. There is no justification to reduce the amount for the reason as submitted by Mr. Mishra that the complainant had travelled with 4 persons. It could be imagined that they travelled against unreserved seats from Bokaro to New Delhi. There was no material from the side of Railways that they were provided with any suitable accommodation for their journey from Bokaro to New Delhi. So far as the complainant's appeal is concerned we do not think it appropriate to enhance the compensation amount. The two appeals are disposed of. No cost. The order be complied within a period of two months from the date of communication of the order.