(Passed on dated 30th January, 2016)
Per Shri Atul D. Alsi – Hon’ble President.
The deceased Chintesh s/o.Yogesh Chawalpane was husband of complainant No.1 and father of complainant No.2 and 3.
2. On 01/06/2012 complainants was traveling with the deceased from Raipur to Gondia by train and further from Gondia to Balaghat. The deceased has purchased the ticket of super-fat train on 01/06/2012 and traveled in Puri-Ahemadabad Express Train. The ticket no. was 1804503 from Raipur to Gondia dated 01/06/2012.
3. There was rush in the train in all the general bogies. After Raipur at Durg, Rajanandgav, and Dongargarh the rush increased, more and more crowd/passengers were added in the compartment and the passengers in the boogie were more than capacity.
4. After Dongargarh the compartment was so crowded that every-body was feeling suffocation. The deceased complained that he is unable to breath and is getting breathless. The applicant No.1 requested some passengers to make some space near the door and helped deceased to sit in the passage between the two doors. After sometime railway doctor along with G.R.P. Gondia came and declared her husband dead (deceased). Further, the body was taken of KTS Hospital, Gondia and the Marg was registered by GRP, Gondia.
5. The body of deceased was sent for PM at KTS Hospital, Gondia. The viscera report was forwarded by the Regional Forensic Science Laboratory, Nagpur on 12/08/2013 and declared that there is no poison. The cause of death was revealed/declared, may be due to cardo-seffsitom attrest. After purchase of rail journey tickets, the ticket holder becomes Consumer (Sec. 2(d)) within the preview of Consumer Protection Act. The opposite party is involved in the deficiency of service U/s. 2(g). It is the duty of railways to transport their passengers safely to the destination according to the capacity of boogie.
6. The complainant prayed to declare that O. P. is involved in unfair trade practice u/s 2 ( r ) of Consumer Protection Act. and also prayed to grant compensation of Rs.4,00,000/- along with interest from the date of incident.
7. After receiving the notice issued by this Forum, the O. P. approach before this Forum through his counsel and filed his reply.
8. In the reply the O. P. submitted that, after receipt of information the railway doctor along with G.R.P., Gondia had checked and declared Chintesh s/o. Yogesh Chawalpane as dead is not disputed and the case was registered by G.R.P., Gondia is also not disputed. He further submitted that O.P. had immediately provided all the necessary medical treatment to Chintesh s/o. Yogesh Chawalpane. It is specifically denied as false and baseless that the Hon’ble Forum is having jurisdiction to try and entertain present complaint.
9. The claim for compensation of Rs.4,00,000/- with interest is specifically denied as false, baseless and untenable in eyes of law. The opposite party had not committed any deficiency in service or unfair trade practice, hence not legally liable for payment of any compensation to complainants. It is submitted that the Hon’ble Court is not having jurisdiction to entertain present complaint as filed and framed. As such the complaint is liable to be dismissed in the interest of justice.
10. The complainant has filed copy of memo by Station Master to G.R.P. Thana, Gondia dated 01/06/2012 at page no. 13, Copy of letter of Police Insp. R. P. F. Gondia dated 01/06/2012 at page no. 14 Copy of accidental death information dated 01/06/2012 at page no. 15, Copy of Inquest Panchnama at page no. 16, Copy of railway ticket dated 01/06/2012 at page no. 17, Copy of Spot Panchnama at page no. 18, Copy of Post Mortem Report at page no. 19, Copy of Death Certificate at page no. 23, Copies of statement at page no. 24 to 27, Copy of letter of Regional Forensic Science Laboratory, Nagpur to Medical Officer, KTS General Hospital, Gondia dated 28/06/2013 at page no. 28, Copy of Query Report dated 28/08/2013 at page no. 29, Copy of Ration Card at page no. 30, Copy of Voter I. D. Card of complainant at page no. 31 on record.
The counsel for complainant filed copies of judgments at page no. 59 to 82 on record
11. The counsel for complainant Mrs. A. D. Andhare filed her written notes of argument and orally argued that on 01/06/2012 complainants was traveling with the deceased from Raipur to Gondia by train. There was rush in the train in all the general bogies. The deceased was 35 years and healthy at the time of boarding in the train, but due to heavy crowd he felt suffocation & due to suffocation the deceased died in the train. When the complainants and deceased have purchased the railway ticket, they become consumer within sec. 2(d) of Consumer Protection Act.
In Union of India V/s. Prabhakar 2009 (1) Mh. L. J. page no.27. They are involved in hazardous activities therefore they are duty bound for the safety of passengers. In the aforesaid Judgment it was held that the provision for compensation in the Act is a beneficial piece of legislation.
The applicant has given personal affidavit to support their contention. The issuing of tickets more than the capacity of general bogie amounts to deficiency in service. The railway is at fault and is bound to pay compensation to claimants/applicants, along with interest.
12. The counsel for O. P. Mr. S. B. Rajankar argued that, the O.P. has provided all necessary medical help on the platform to deceased hence there is no negligency on the part of O.P.. On the other hand the deceased might have died due to heart-attack hence case deserves to be dismissed with cost.
13. As per petition and arguments and documents filed on record following points came for consideration:-
Sr. No. | Points | Findings |
1. | Whether the complaint is deserve to be allowed? | YES |
2. | What Order? | As per final order. |
REASONING & FINDINGS
14. The complainant has filed complaint on the ground of negligency of service due to causes death of complainant’s husband. Hence under Consumer Protection Act, 1986 for death causes by negligency has jurisdiction to entertain the petition.
15. On 01/06/2012 the complainant along with deceased were traveling from Raipur to Gondia railway station further from Gondia to Balaghat (M.P.) vide general ticket No. 1804503. The husband of complainant No.1 found dead on platform No.2 at Gondia Station who was traveled in Puri-Ahemadabad express train as per certificate of Doctor of O. P. issued on 01/06/2012 filed on page No.14.
16. As per Inquest Panchanama at Railway Police Station, Gondia dated 01/06/2012, F.I.R. bearing No. 39/2012 and spot panchanama the deceased was died due to excessive people in compartment and due to suffocation the deceased was died. The eye-witness who is wife has filed evidence by affidavit to support her contention that there was huge crowd in bogie and due to suffocation her husband was died. The P.M. was also in support the death of deceased. The deceased was 37 years young person. The viscera report filed on page No.28 disclosed that the deceased was not died due to poison. There is no evidence brought by O.P. that the deceased was patient of heart-decease or died due to other circumstances hence the contention of O.P. that the deceased was died due to heart-attack can’t be accepted, as he was neither patient of heart decease.
17. The deceased was 37 years old his wife was about 28 years and having two minor children. He was sole earning member. As per Minimum Wages Act his wages can be consider to award compensation as a basis of compensation. Hence, looking to the age of deceased and dependent & according to the norms of Minimum Wages Act O. P. is directed to pay Rs.2,00,000/- as compensation for death of complainant’s husband due to negligency of service by issue excessive general tickets and allowed excessive travelers in bogie more than its capacity without taking measure of control from security persons or others. The death of complainant’s husband was caused without any external injury or any mischief act or poison or natural death is sine of not taking proper and utmost care of caution from opponent side in respect of general compartments amounts to negligency of service.
Hence, following order is passed:-
-: ORDER :-
1. The complaint is partly allowed.
2. The O. P. is directed to pay Rs.2,00,000/- as compensation for mental torture and agony for the loss of life of complainant’s husband due to negligency of service allowing excessive passengers in general compartment which caused death of traveler.
3. The O. P. is directed to pay Rs.15,000/- towards cost of litigation to the complainant.
4. The O. P. is directed to comply the above order within 30 days from the date of receipt of this order.
