In a recent decision, the National Consumer Dispute Redressal Commission, by partly allowing the Appeal filed by Railways observed that the State Commission was not justified in awarding compensation more than what is provided in Railway Accidents and Untoward Incidents (Compensation) Rules, 2016 and maximum compensation entitled to the Complainant/Respondent is Rs. 3,20,000.
The NCDRC modified the SCDRC order and partly allowed the Appeal by directing the Appellant to pay Rs. 3,20,000 along with an interest of 9 per cent per annum from the date of accident till the date of payment.
Brief facts
The alleged incident took place on 05.06.2016 when the Complainant/Respondent was travelling from Janmabhoomi Express from Secundrabad to Vaishakhapatnam and sitting on the window seat when he got hit in the left eye with a nut bolt which was loosely fastened in rails which resulted in loss of left eye of the Respondent. The Respondent in its Complaint/Respondent before SCDRC claimed Rs. 20,00,000/- as compensation for injury and mental pain The State Commission awarded a compensation of Rs. 10 Lacs along with 9 per cent interest per annum along with Rs. 20,000 for legal expenses without considering the DRM Report and written Submissions of Union of India. Hence, the present Appeal.
Arguments on behalf of Appellant
First Appeal was filed before the NCDRC on the following grounds:
1. That the said incident cannot be considered as an untoward incident according to Section 124A of the Railways Act, 1989. Reference was made to the decision of Hon’ble Bombay High Court in Case titled Union of India Vs. Sanjay Sampatrao Gaikwad, wherein the Hon’ble Court held that section 124A of Railways Act is restrictive and not exhaustive.
2. That while passing the judgment, the SCDRC ignored the DRM Report which observed that such an incident was only possible only if the Complainant/Respondent was standing on the door of the train in a moving train and reliance was placed upon case titled Savithri Bai Vs. G.M. Southern Railways, Madras.
3. That the SCDRC overstepped not only its territorial jurisdiction but also its pecuniary jurisdiction as the maximum compensation according to the Railway Accidents and Untoward Incidents (Compensation) Rules, 2016 is Rs. 8,00,000/- and for loss of one eye is Rs. 3,20,000 and hence, even if the Complainant/Respondent is entitled to any compensation the amount cannot exceed Rs. 3,20,000 as held in Rati Tripathi & Ors. Vs. Union of India and Rakesh Patralekh Vs. Union of India & Ors.
4. Furthermore, reference was made to the decision of Apex Court in case titled Chairman Thiruvalluvar Transport Corporation Vs. Consumer Protection Counsel in which the court held that general law must yield to the special law.
5. That the passenger is not a bona fide passenger as he could not produce any valid ticket and reliance was placed upon the decision of Delhi High Court in case titled Raj Kumar & Anr. Vs. Union of India, wherein the Court stated that in order to claim compensation, valid ticket must be produced.
Arguments on behalf of Respondent
Following are the grounds on the basis of which the Respondent argued:-
1. That there is deficiency on part of the Appellant as when the fellow passengers tried to pull the chain to stop the train, the chain was not in a working condition and no immediate help was provided to the Respondent.
2. That due to negligence on part of Appellant the Respondent lost his left eye.
3. That the Respondent has been awarded inadequate compensation as the Respondent was a young student having a bright future ahead of him and due to the said negligent incident, the Respondent has lost many opportunities such as chance of marriage.
4. Lastly, that the Respondent is entitled to compensation in consonance with the principle of strict liability.
The Appeal was filed by South Central Railways/Union of India, and represented by Ld. Senior Panel Counsel, Union of India, Ms. Anushkaa Arora. The Respondent Shri Vennapu Prasada Rao was represented by Advocate Ms. Renuka Shah.
CASE TITLE: VENNAPU PRASADA RAO Vs. UNION OF INDIA
CASE NUMBER: FA/440/2022
BEFORE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
DATE OF DECISION: 21.08.2024
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