Commission orders Rs 8L relief after train passenger falls off coach, dies
One Keertivathi, a resident of Keshavanagar in Hubballi, was travelling with her husband Sudhindra Kulkarni from Yeshwanthpur to Shivamogga by train. Around midnight, while Sudhindra went to use the washroom, he accidentally fell off the coach through one of its open doors.
Keerthivathi, in her complaint to the Commission, alleged that SWR had collected money from the complainant for a reserved seat, but there was neither a TTE nor any security staff member in the compartment.
The Railway staff had also failed to ensure that the compartment doors were properly shut, the complaint said, highlighting negligence on the part of the mass transporter.
According to Railways rules, in the event of death in a train accident, the victim's family is eligible for a compensation of Rs 8 lakh.
However, SWR argued that this compensation must be claimed through the Railway Tribunal, and that the Consumer Commission does not have jurisdiction to hear such claims.
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Challenging this argument, the complainant approached DCDRC, claiming that the refusal to provide compensation amounted to service deficiency under the Consumer Protection Act.
After detailed hearings, the Commission comprising chairman Eshappa Bhute and member Vishalakshi Bolashetti held that since the deceased was travelling on a valid ticket and Railways was the service provider, the complainant was qualified as a consumer to file a case with DCDRC.
Rejecting the Railways' claim that the matter was beyond DCDRC's jurisdiction, the Commission directed SWR, Hubballi, to pay Rs 8 lakh as insurance claim and an additional Rs 10,000 towards legal expenses within one month of the order.
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