GULSHAN KUMAR MENDIRATTA Vs. UNION OF INDIA

JUDGEMENT

(1.) MR. Justice R.K. Batta, Presiding Member-The complainant had initially filed claim petition before the Railway Claims Tribunal, but it was withdrawn with liberty to pursue the remedy in an appropriate Forum in accordance with law. This order of withdrawal is dated 23.5.2002. Thereafter, the complainant filed a complaint before this Commission.

(2.) COMPLAINANT No. 1 is the husband of the deceased Smt. Madhu Bala and complainant Nos. 2, 3 are daughter and son of the complainant No. 1 of the deceased. The deceased had a monthly seasonal ticket and was daily passenger to and fro Sonepat by train. According to the complainant, there are four railway lines at Narela Railway Station. Line Nos. 1, 2 are meant for Down trains and line Nos. 3, 4 are meant for up trains. In between these lines from Up and Down train, there is a high iron railings. The complainants have annexed a map showing the position of the Railway line.

(3.) ON 22.12.2000, the Asst. Station Master (ASM) on duty received goods train on platform No. 2, line No. 4 meant for Up train. However, line No. 3 was vacant and the goods train could be received on line No. 3 Up and there was no emergency or reason to receive the goods train on line No. 4, platform No. 2. It is further alleged that the ASM compelled the passengers to cross the railway lines in order to board the train. When the train arrived at line No. 3, the milk drums which were hanging outside the compartment's ventilator bar hit the head of the passengers standing there. Wife of the complainant No. 1 was also hit by the milk drums and she died on the spot. The two other co-passengers Smt. Kamlesh Nijhawan and Smt. Neelam also received injuries.