RAKESH PATRALEKH Vs. UNION OF INDIA

JUDGEMENT

(1.) Complaint has been filed, inter alia, alleging that Dr. Prof. Kameshwar Patralekh, father of the complainant along with his wife Anjana Patralekh boarded Tata PNEB Express bearing train No. 8183 at Jasidih railway station on 24th October, 2009 having reservation upto Patna in AC Chair car Train was running two hours late. Due to Chhat Puja, vendors were not at the platform and shops at the railway station were closed. Father of the complainant went out to purchase biscuits. After purchasing biscuits when he was boarding the train, it suddenly moved with a heavy jerk. Father of the complainant fell in between the track and his left leg was cut below knee Railway staff did not bother to stop the train by pulling chain. Railway hospital was just about 20-30 metres away from the accident site. When the father of the complainant was moved to the Railway Hospital, Mokama, he had excessive bleeding because of which he died. ASI, Babu Lal prepared the report for being sent along with the body for post-mortem. Attributing negligence, total amount of Rs. 2,84,40,000, the break-up whereof is given in para 26 of the complaint, has been claimed against the Union of India, Ministry of Railways, New Delhi; Railway Board; DRM/Sr. DPO (SG/ IRPS), Danapur; Railway Medical Officer, Mokama and SHO, Mokama Rail Police, Patna District, Bihar.

(2.) Since we have been of the, prima facie, view that the present complaint is not maintainable under the Consumer Protection Act, 1986 (for short 'the Act'), we have heard Shri R. Venkataraman for the complainant on admission. .

(3.) "Untoward incident" has been defined in clause (c) of Section 123 of the Railways Act, 1989 as under: