For the Appellant : Mr. Rajeshwar Singh and Mr. Mangal Sen Advocates For the Respondents Nos. : In Person1, 3, 4 and 5For the Respondent No.2 : N E M O (Died) Dated, the 20th day of August, 2010

ORDER

Mr. Rajeshwar Singh, learned counsel for the appellant states that amount of Rs.1 lakh will be deposited with this Commission within two weeks from today. Respondent No.1, Mrs. Krishna, respondent no.3, Mr. Som Dutt, respondent no.4, Mrs. Kavita and respondent no.5, Mrs. Babita are present in person. Respondent No.2, Mr. Devender has died. Respondent Nos. 1, 3, 4 and 5 give their consent to receive the deposited amount of Rs.4 lakh @ Rs.1 lakh each in full and final settlement of their claims. Accordingly, the appeal is partly allowed and the impugned order passed by the State Commission is modified to the extent that the appellant, Northern ..2.. Railways shall be liable to pay a sum of Rs.4 lakh only as compensation for negligence and deficiency in service as found by the State Commission. The direction in regard to deposit of Rs.4,00,000/- as punitive damages with the State Consumer Welfare Fund (Legal Aid) is hereby set aside. The decision of this Commission as also that of the State Commission will not constitute a precedent on the question of maintainability of a complaint of this nature before a consumer forum. Registry is directed to disburse the deposited amount and the amount to be deposited along with interested accrued thereon to the above named respondents in equal share on due identification and discharge. The appeal stands disposed. After the amount of Rs.1 lakh is deposited and the entire deposited amount is disbursed to the respondents, the amount of Rs.35,000/- deposited by the appellant as pre-requisite for filing the appeal may be refunded to the appellant. Dasti to the learned counsel for the appellant, Northern Railways.