Thiru Justice A. Raman, President—The complainant’s case is that the 2nd and 3rd complainants went to the Dindigul Railway Station on 9.11.1999 at about 9.30 p.m. in the night to receive their relations viz., their son and daughter-in-law who were coming by Vaigai Express. According to them on the platform, there was a trench and there was no proper lighting. Without being aware of the trench, the 3rd complainant fell into it as a result of which she suffered injuries and she could not walk. Later, an X-ray was taken and it was found that she had sustained fracture in the knee. According to the complainants, all that happened because of the deficiency in service on the part of the Railways in not maintaining the platform properly and hence the complainants have claimed Rs. 1,50,000 as compensation.

2. The opposite parties contended that when the 3rd complainant fell down, the opposite party extended all their help to admit her in the hospital. The place where the pit was dug up, was properly fenced. There was also proper lighting. Thus there was no deficiency in service.

3. The learned Counsel for the appellants relies upon the decision of this Commission to contend that the que