This is an appeal filed by original complainant whose complaint has been

partly allowed by the District Forum, Nagpur granting compensation of Rs.1000/-

and cost of Rs.500/-. Against the inadequate compensation, the complainant has

filed this appeal.

We heard Adv.Tatke for the appellant and Adv.Lambat for the respondent.

We have perused the impugned judgment challenged before us which was

passed in CC 352/03 by the District Forum, Nagpur on 2/11/2004.

In the written statement, the Railway department admitted that so far as

non supply of water to the coach in question wherein the appellant was traveling

with her mentally retarded son, it was true that up to Murtizapur water was not

available in all the four toilets attached to that coach.

It is true that non providing of water in the toilet is per se deficiency in

service on the part of Railway and it is admitted by the Railway in its written

statement, and, therefore, the forum below rightly allowed the complaint and had

awarded compensation of Rs.1000/- and cost of Rs.500/- However, this appeal

has been filed by the original complainant for enhancement of the compensation.

We are of the view that compensation to be granted must be just,

reasonable and equitable and it is not to be granted at the whims of the

complainant who has filed the complaint. The District Forum found Railway

deficient in service and in it’s wisdom thought it fit to grant compensation of

Rs.1000/- and cost of Rs.500/- for three passengers. It is pertinent to note that

the complainant had paid total fare of Rs.595/- to the Railways. Since a

compensation of Rs.1000/- has been awarded by the learned forum, it

necessarily means that whole of the fare incurred by the complainant had been

refunded back and, therefore, the compensation awarded over and above the

Railway fare paid by the complainant to the Railways, is surely, just and proper.

We find no merit in the contention of the appellant that there must be more

amount of compensation because they had to face a lot of inconvenience due to

non availability of water in toilets as they were traveling with two children and

one of them being a 25 year old mentally retarded son. We have all the

sympathy for the son of the appellant, but the compensation awarded is

appearing to be just and proper and we see no reason to enhance the same at

the whims of the appellant. Hence the following order…

ORDER

1) Appeal is dismissed.

2) Appellant is directed to re apply to the forum for seeking cheque of the

amount of compensation and cost.

3) No order as to cost.

4) Inform the parties accordingly.

Delivered on 14/07/2011.