SOUTH CENTRAL RAILWAY Vs. KAMALABAI
LAWS(NCD)-2006-11-4
NCDRC
Decided on November 28,2006

SOUTH CENTRAL RAILWAY Appellant
VERSUS
KAMALABAI Respondents


Referred Judgements :-

SOUTHERN RAILWAYS VS. M CHIDAMBARAM [REFERRED]
UNION OF INDIA VS. KAMLA VERMA [REFERRED]



Cited Judgements :-

ZEE TURNER LIMITED VS. SANJEEV CHAUHAN [LAWS(NCD)-2008-1-34] [REFERRED TO]


JUDGEMENT

- (1.)A passenger fell down on railway track while getting into a train resulting in his death on the spot as he was run over by the train. It is alleged that the railway station at Bhalki in Bidar District was constructed during "Nizam Regime" and proper platforms were not constructed and lights on platforms were not provided to enable passengers to get into train conveniently. The wife and son of the deceased passenger moved the District Forum claiming compensation.
(2.)This appeal is by the Railways/opposite parties (for short, "O.Ps.") challenging the order dated 16.6.2005 passed by the District Consumer Forum, Bidar, in Complaint No. 176/2004, by which the District Forum has allowed the complaint filed by the respondents/complainants by awarding compensation of Rs. 1,00,000 in favour of the complainants.
(3.)The husband of the first complainant (for short, the "passenger") died as he fell down on Railway Track while boarding Hyderabad Train on 9.8.2004 at Bhalki Railway Station in Bidar district. After his death the complainants filed the complaint before the District Forum as against the O.Ps. claiming compensation. According to the complainants, they are entitled for compensation under the provisions of the Railways Act, 1989 read with the Railway Claims Tribunal Act, 1987.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.