SARASWATHIN KEMBHA Vs. DIVISIONAL RAILWAY MANAGER HUBLI DIVISION

JUDGEMENT

(1.) This appeal is directed against the Order of the District Forum, Belgaum, is complaint No.5/1989 on its file, dismissing the complaint of the appellants for compensation on account of negligence of the Respondent. It arises in this way:

(2.) On August 14, 1989 the Appellants boarded Kittur Express Train No.208 at Belgaum Railway Station at 6.00 p. m. to go to Bangalore. The said train left Belgaum Railway Station at about 6.00 p. m. and reached Londa Railway Station at about 7.15 p. m. , the same day. It was stopped there till about 11.00 p. m. as there was derailment due to an accident involving a goods train between Nagaragali and Tavaraghatta at about 2.34 p. m. on that day. The said train left Londa Railway Station at about 11.00 p. m. and it reached Nagaragali Railway Station at about 11.30 p. m. There it was stopped till about 5.45 a. m. and thereafter it proceeded towards Bangalore and reached Bangalore after a delay of about 6 hours. Due to the halting of the train in the Railway Station at Nagaragali where there was no food or water available, they suffered due to hunger and thirst. They also suffered mental agony due to fear that during mid-night time dacoity might take place and their jewellery of about Rs.1 lakh may be stolen away. According to them, the Station Master refused to refund their amount of the ticket thus preventing them from making alternate arrangement to go to Bangalore. Hence they filed complaints before the District Forum, Belgaum claiming compensation of Rs.2,000/- each. The respondent registered the said complaints by contending inter-alia that the complaints are not maintainable as the Union of India is not made a party; that frequent announcements were made through public address system regarding the accident and the possible delay of the said train at Belgaum and Londa stations and requesting the passengers to avail of the facility of food and water and also to take refund if they so desire; that necessary arrangements for supply of food, refreshments and water were made available to the passengers; that adequate facilities for catering were available at Londa Railway Station; that many passengers took refund and availed of the facilities of food and refreshments; that the accident was beyond the control of the Respondent and the delay was unavoidable and that the complainants are not entitled to any compensation.

(3.) Smt. Vatsala R. Naik, one of the complainant was examined as PW 1 and exhibits PI and P2 were produced in support of the complaint. DWs 1 to 3 were examined and D1 the roduced on behalf of the Respondent. On a careful analysis of the evidence and circumstances of the case, the District Forum reached the conclusion that the railway authorities were not negligent and that the complainants were not entitled to any compensation and dismissed their complaints. Hence this appeal by the complainants.