(Delivered on 03/07/2017)

Per Mr. S.B. Sawarkar, Hon’ble Member

1.      The present appeal is filed  against the order of the District Forum, Nagpur passed in complaint No. 763/2013 dated 10/04/2015 partly  granting the complaint  and directing  the opposite party (in short O.P.) Nos. 1 to 4 to provide the compensation of Rs. 50,000/- with interest  at the rate of 9% p.a. from  18/11/2013 till final payment  and further  to provide Rs. 10,000/- for  physical and mental harassment with  cost of Rs. 5,000/- to complainant & order  to be complied  in the span of one month from the date of the order. The O.P. No. 5 is deleted.  

2.      The complainant filed a complaint  that  while travelling  from  Mumbai to Nagpur  in the night of 12/05/2013 she was sleeping  on the lower bearth  in A.C. Compartment of the train. When  the  person  sleeping  on the  middle bearth No. 5, got down  and went  away,  the middle bearth suddenly  getting released  from hinges  fell down  and  injured her on the right side of head.  However,  her daughter escaped injury .  She  received severe  pain full  injuries  to her head and  face.  Her husband made a complaint to  the T.C. in charge  who  advised to get admitted  her at the next station of Bhuswal. However, she had to  suffer pain till Bhuswal as no medical help was made available to her.

          At Bhuswal the doctor came and gave her painkiller  tablet but  took  the fee of Rs. 40/- and did not  give her receipt.  No medical  assistance  was given to her  through out the travel  period  to Nagpur.  No one  gave her help  from the side of  the O.P.at Nagpur.  When her husband went to  the office of the O.P.,  Railway Station Authorities,  the officer  was not present. The T.C.  of the compartment got down  at Bhuswal.  She therefore, found that  she did not  get any help  from the  administration of the O.P. No. 1 to 5, though  she received injuries while  travelling with their train. She thereafter made a complaint but as  she did not get any help, she was required to go to  the  private doctor and take  the private treatment by spending her own money.

          Therefore, claiming  that she being a legal traveller is a consumer and claiming deficiency in service on the part of  O.P., she filed complaint  with a prayer  to provide her Rs. 1,50,000/- for  accident  treatment  cost, Rs. 3,50,000/- for physical and mental harassment, Rs. 10,000/- for  cost  of  litigation  and  Rs. 5,000/- for  pursuing   the case totaling to Rs. 5,15,000/-.

3.      On notice,  the O.P. Nos. 1 to 5 appeared  on behalf of the Railway Administration and countered the complaint through common written version.  The O.Ps.  accepted  complainant to  be a legal traveller and her accident but submitted that  when the  middle bearth traveller  got down from the bearth, the  bearth  got released  from the hook  and  fell  down   & caused hurt to  the complainant.  However,  the O.Ps.  claimed that  it was a  plain accident as  the  in charge  T.C.  got the  bearth checked and  found it  to be  absolutely safe. The O.Ps.  claimed  to have provided  the proper  first Aid a