IMPORTANT POINTS
1. Accidents/untoward incidents - claims over accidents/untoward incidents and other instances as specified in Section 123(c) of the Railway Act, Consumer Forum cannot entertain any such case.
2. Railways – Transport – The term ‘service’ in Section 2(1)(o) of the Act that includes transport sector/Railways also, undoubtedly, the consumer forum can very well have jurisdiction to try such cases.

ORDER

R. Subbiah, President.—This Appeal has been filed as against the Order, dated 07.04.2014, passed by the DCDRF, Chennai-North, in C.C. No.141 of 2013, whereby, the complaint filed by the respondent herein came to be allowed by directing the OP/appellant herein to pay him a total compensation of Rs.10.60 Lakh with interest @ 9% p.a. from 31.01.2001 till the date of payment, besides costs of Rs.10,000/-.

2. For the sake of convenience, the parties shall be referred to in the course of this order, as per their respective rankings before the District Forum.

In brief, the case of the complainant, as given in the complaint filed before the District Forum, is as follows:—

The complainant, a Diploma Holder in EEE (Electrical and Electronics Engineering), was employed with M/s.Consul Consolidated (P) Ltd. at Secundarabad, Andhra Pradesh (A.P.), drawing a carry-home salary as nearly as Rs.10,000/- per month. In January, 1998, after spending the Pongal Holidays at his native place/Rajapalayam, for returning to the work place at A.P., he embarked upon a two-staged journey viz., first stage – from Rajapalayam to Madras and the second stage – from Madras to Secundarabad. On the date of journey/19.01.1998, due to non-availability of reserved tickets as it was a festival season then, he purchased a 2nd class unreserved ticket bearing No.00295 by paying Rs.200/-. One of his relatives by name Mr.Muthukrishnan also accompanied him in the travel by holding ticket No.26265. Both of them boarded Train No.6120/Nellai Express at Rajapalayam, by also carrying a brand new Suzuki Samurai Bike in the same train for his personal use at Secunderabad. As there was a heavy crowd in the unreserved compartment, the complainant and his relative detrained at Sivakasi and enquired the Travelling Ticket Examiner (TTE) Mr.Haridoss about availability of any berth in the reserved coach, for which, the TTE, at the outset, consented to verify without denying existence of such a chance. At that time, since the train was signalled to proceed ahead, the TTE rushed to Coach No.S-10 and the complainant & his relative followed him to know the availability and, even at that stage, the TTE did not prevent them from accompanying him into the said Coach. While so, the TTE, who seemed to be considerate until a little bit earlier, fumingly asked them to detrain at once without even mindful of the fact that the train was moving then at a brisk speed. The complainant pleaded with the TTE to let them travel in the said coach till the arrival of the next station at least, by expressing his willingness to be fined for the same, but, the TTE was determined to see them out of the said coach. While both of them were explaining him the difficulties in getting down from the train that was speeding up considerably, the enraged TTE, fiercely pushed off the complainant to fall on his relative-Muthukrishnan, who, in turn, fell on the platform and became unconscious after suffering severe head injury on the rear side with profuse bleeding. The complainant, who caught hold of the handle at the side entrance of the compartment and was dangling riskily, yelled out for help, but, the TTE unmindful of the predicament of the complainant as well as the alarmed outcries of the appalled commuters in the compartment, slammed and bolted the door, as a result, he lost the grip and was dragged in between the station platform and the running train, resulting in his left hand, left leg above knee and the right foot crushed off by the wheels of the train, leaving the complainant unconsciously drenched in a pool of blood. The abnormally rash and nefariously negligent act of the said TTE left the life and limbs of the complainant damaged and un-rectifiable forever. At the outset, he was treated at the Railway Hospital, where he was given only the first aid, and thereafter, he along with Muthukrishnan was transferred to Madurai Rajaji Government Hospital. He had to visit scores of private hospitals including