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2001 Supreme(SC) 466

R.P.SETHI, K.T.THOMAS
Rathi Menon – Appellant
Versus
Union Of India – Respondent


JUDGMENT

Thomas, J.-Leave granted.

2. "Misfortunes do not come single" is an old adage but even the author of that adage would not have imagined that multiplicity of misfotuness would visit the same person in a series on the same night, that too within the same hour. One may ask aghast, can the destiny be so cruel to a damsel.

3. Rathi Menon, a Commerce graduate of 22 years, was thrown off from a running during the night of a jinxed train journey as the consequence of a sudden jerk of the train. In the impact her spinal cord was ruptured and in a trice she turned a paralegic. After she fell down, the wheels of the train ran over her right arm severing it from the shoulder point forever. The train, not knowing what it did to one of its lawful and innocent passengers, continued its running leaving of paraplegic on the track itself on that dreadful night.

4. It was physiologically impossible for the young lady to move her leg from the position where she fell. Her right leg happened to remain on the rail-track, and unless a Good Samaritan had passed by that track during the night she had to remain there unmoved. As none like that came the poor female human being remained on the track bleed






































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