SOUTH WESTERN RAILWAY Vs. M.G. KANTIKAR

JUDGEMENT

(1.) The present revision petition has been filed against the order dated 14.10.2015 passed in Appeal No. 599 of 2013 by the Karnataka State Commission. This appeal was filed by the Petitioner challenging the order dated 15.03.2013 in CC No. 364 of 2012 of the District Forum, Shimoga.

(2.) It is argued by the Ld. Counsel for the Petitioner that the findings of the State Commission, in the impugned order, whereby the order of the District Forum was confirmed, is perverse, without jurisdiction, illegal and whimsical. It is submitted that the Foras below have failed to take into account the fact that when the reservations of the tickets are done availing the computerized facility, the seats are automatically allotted as per the availability and, therefore, contention that the lower births were not given to the Complainants, although both were senior citizens and the Complainant No. 1 was also a disabled person, has no merit and the findings on this count are, therefore, perverse. It is further argued that the Complainants had alighted on their own and the person on duty in that coach, following the guidelines of the Railway, had gone to wake them up when the train was about to reach at the destined place. He found that the Complainant had already alighted the train. It is argued that the findings to the contrary on this count are also perverse.

(3.) None had argued the matter on behalf of the Complainants and they have left it to the wisdom of this Commission. I have perused the file and have gone through the impugned order.