S. SRINIVASAN Vs. GENERAL MANAGER

JUDGEMENT

(1.) The petitioner has come forward with this Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents to pay compensation of Rs. 15,00,000/- for medical assistance and further development of the petitioner's son, who fell in the gap between the Wall and floor of the M.R.T.S. Railway Station, Kotturpuram, based upon the petitioner's representation, dated 14.02.2011.

(2.) The petitioner who is the father of the child (son), aged about 3? years (at the time of the filing of the Writ Petition) went to Marina Beach along with his family in MRTS Electric Train and purchased four return tickets from Kotturpuram to Chennai Park Railway Station, and after visiting the Marina Beach, they have got down from the train to go to their residence. The minor daughter of the petitioner is aged about 1? years and his son is aged about 3? years. His son met with an unfortunate accident when the children were with the parents, namely the petitioner-father and the petitioner's wife, the mother of the children. According to the petitioner, there is no proper lighting except the name board light. There was a gap between the Station Wall and the floor of the Railway Station. The said gap was about 2 feet length and a canal is situated in the open and uncompleted condition. The petitioner's son is suspected to have fallen in that gap between the wall almost 20 feet into the sewage. Search was made and the son was pulled out of the sewage water. It took more than 5 minutes before the rescue. In that rescue process, the entire body of the son was full of sewage and it was affected including his face, nose, mouth and almost all parts of the body of his son. His son was immediately admitted in Fortis Malar Hospital at Adyar with the help of neighbours. The local Rotary Club gave Rs. 25,000/- and Lions Club gave Rs. 25,000/- as contribution. The petitioner obtained loan from his friends and relatives. His son was in critical stage because of sewage water which had entered to his body through nose, eyes and all other parts of the body. On 102011, the hospital authorities issued a Certificate certifying that the petitioner's son, three years old, IP11-800 was admitted in Fortis Malar Hospital for near drowning, asphysixa on 30.01.2011 at 9.52 p.m. and since the child was on ventilator, Ionotipic supports and IV antibiotics and he was gradually recovering then and might require prolonged hospital stay (IMCU care).

(3.) According to the petitioner, the Railway authorities have not maintained the Railway Station with proper lighting facilities and had not taken preventive measures to fill up the gap along the wall of the Railway Station where the petitioner's son fell and there was not even a caution board installed therein. According to the petitioner, the Railways is completely responsible for the said incident that had happened to the petitioner's son. The petitioner is a Driver by avocation and his child's future is completely in bleak and it is for the respondents to compensate the incident that occurred to his son. Hence, the petitioner has filed the above Writ Petition for the relief stated supra.