NIRMAL DEVI CHOPRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Smt. Nirmal Devi Chopra, the complainant has claimed a sum of Rs.35.00 lakhs for the deprivation of the income that R.C.Chopra, her deceased husband, would have earned during his balance life span, Rs.10,00,000/- for widowhood and lack of consortium suffered by the complainant, due to being widowed prematurely and Rs. 5,00,000/- as compensation for the death and bereavement suffered by the four daughters and their families.

(2.) Sh.R.C.Chopra, died while he was travelling in Lucknow Mail, AC-III Tier, in the night falling between 21st -22nd December, 1998, due to deficiency in the service and for non-compliance of the rules on the part of the administration and employees of the Northern Railways, the Doctors and Staff of Sucheta Kriplani Hospital, New Delhi. He was allotted berth No.15 by the Train Conductor/Coach TTE, Lucknow. Due to fog, the train was running late. On 23.12.1998, at about 7.30AM, it transpired that an unknown passenger (Late Sh.R.C.Chopra), was admitted in an unconscious condition in the above said hospital at 11.25 hrs by Government Railway Police, New Delhi Station on 22.12.1998. His son-in-law, identified him. Sh.R.C.Chopra, passed away, on 24.12.1998 at about 10.50 hrs, without regaining consciousness. The cause of his death was shown as (i) unknown poisoning (ii) pontine Haemorage. The patient was brought by the police from the Railway Station. The autopsy report mentions the cause of death due to Nitrazepam and acute adverse effect thereof happening subsequently. Subsequently, it also came to light that R.C.Chopra was looted off all his cash and Demand-drafts. His briefcase, along with suit-case, was delivered in an open condition to the family by Government Railway Police, New Delhi. The brief-case contained few documents only.

(3.) The main grouse of the complainant is that no medical aid was given to the patient, on the way. The train halted at Ghaziabad Station for over one hour, for this purpose and no steps were taken. Memo was given but Railway DMO or any other Doctor did not attend the patient. Improper and inadequate medical aid was given at the Sucheta Kriplani Hospital, New Delhi. It also transpired that one, Mr. H.M.Behal, along-with his wife and son was to travel from Lucknow to Delhi. He held reserved accommodation for three persons. However, due to thick and foggy weather, he abandoned his plan to travel by this train and got refund for his tickets. Their tickets were treated as 'non-issued' by the Reservation Office at Lucknow and were re-sold to some unauthorized persons, perhaps those persons who were travelling, robbed off R.C.Chopra of his cash and demand-drafts. Those three unauthorized persons travelled in the train, while working in cahoots with the reservation staff and the TTE. The said miscreants gave tea to the deceased, after making friendship with him. The tea was heavily laced with Nitrazepam, which induced deep sleep to the victim. No medical assistance was given to the patient. After their arrival, in New Delhi, the TTE and the Coach Attendant left the patient in lurch. They did not swing into action. No ambulance or doctors were arranged by the Railway authorities at the New Delhi Railway Station. The empty rake of the train was shunted into the yard and washing lines from where Sh.Chopra was carried in a luggage trolley to the Sucheta Kriplani Hospital by the GRP, New Delhi at 11.30 hrs. The Railway authorities did not make any attempt to identify those three miscreants. Their identity was never established.