K.T.THOMAS, R.P.SETHI
Rathi Menon – Appellant
Versus
Union of India – Respondent
1. 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 misfortunes would visit the same person in a series on the same night, that too within the same hour. One may ask aghast, can destiny be so cruel to a damsel?
3. Rathi Menon, a Commerce graduate of 22 years, was thrown off from a running train 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 paraplegic. After she fell down, the wheels of the train ran over her right arm severing if from the shoulder point forever. The train, not knowing what it did to one of its lawful and innocent passengers, continued its running leaving the 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 passed by that track during the night she would have to remain there unmoved. As none like that came, the poor female human being remained on the track b
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