K.R.RAMASWAMY IYENGAR, R.G.DESAI
SAVITHRI BAI – Appellant
Versus
GENERAL MANAGER, SOUTHERN RAILWAY – Respondent
Mr. Justice R.G. Desai, President — This is a case of an unfortunate lady aged about 55 years, who lost her both legs in the railway accident which took place on 5-9-1988 at about 5.30 A.M. lit the Malleswaram Railway Station in which Malnad Express train belonging to the Respondents was involved. Complainant boarded the Malnad Express train at Bhadravati on 4-9-1988 at 10.30 p.m. along with her Daughter-in Law, Smt. Shantha Bai (CW 2) and her grand daughter, Suguna, about 8 years. The train reached Malleswaram Railway Station at about 5.30 A.M. and it was stopped there for a scheduled halt of one minute. At that time, the complainant while alighting from the train slipped and her both legs were caught under the wheels of the train and were cut. She was removed to K.C. General Hospital, Malleswaram and thereafter to Sanjaya Gandhi Memorial Hospital, Bangalore, for treatment. Both her legs were amputated below the thigh. A sum of Rs. 25,000/- was spent for her treatment. She has suffered permanent disability. Hence she has filed this complaint for compensation of Rs. 1,50,000/- together with interest and costs, alleging that the accident took place due, to the negligence of the
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