SAVITHRI BAI Vs. GENERAL MANAGER SOUTHERN RAILWAY

JUDGEMENT

(1.) This is a case of an unfortunate lady aged about 55 years, who lost her both legs in the railway accident which took place on 5-9-1988 at about 5.30 A. M. lit the Malleswaram Railway Station in which Malnad Express train belonging to the Respondents was involved. Complainant boarded the Malnad Express train at Bhadravati on 4-9-1988 at 10.30 p. m. along with her Daughter-in Law, Smt. Shantha Bai (CW 2) and her grand daughter, Suguna, about 8 years. The train reached Malleswaram Railway Station at about 5.30 A. M. and it was stopped there for a scheduled halt of one minute. At that time, the complainant while alighting from the train slipped and her both legs were caught under the wheels of the train and were cut. She was removed to K. C. General Hospital, Malleswaram and thereafter to Sanjaya Gandhi Memorial Hospital, Bangalore, for treatment. Both her legs were amputated below the thigh. A sum of Rs.25,000/- was spent for her treatment. She has suffered permanent disability. Hence she has filed this complaint for compensation of Rs.1,50,000/- together with interest and costs, alleging that the accident took place due, to the negligence of the Railways as they failed to provide services of an attendant to her who was aged and whose eye sight was not good, and as there was no lighting facility.

(2.) The complaint is resisted by the Respondent by contending inter-alia that there was light at Malleswaram Railway Station then; that the accident occurred due to the gross negligence of the complainant in getting down from the off-side of the railway track and that she is not entitled to compensation as claimed.

(3.) The complainant and her daughter-in-law have, given evidence as CWs.1 and 2 and Ex. C-1 to C-4 have been produced on behalf of the complainant. RW1 is examined on behalf of the respondent and Ex. R-1 to R-6 have been produced.