UNION OF INDIA Vs. MANOJ H PATHAK

JUDGEMENT

(1.) THIS Revision Petition has arisen out of the Order dated 3.5.95 of the Gujarat State Commission at Ahmedabad partly modifying the order of the District Forum and awarding compensation of Rs. 56,000/ - instead of Rs. 85,000/ - awarded by the District Forum together with interest at the rate of 12% per annum from 1.4.94 till realisation besides costs of Rs. 2,000/ -.

(2.) THE facts lie in a narrow compass and may be noticed. The Complainant and his parents had purchased tickets at Borivali and had reserved their seats in train No. 9011 known as Gujarat Express for travelling from Borivali to Ahrnedabad on April 27, 1991. Later on they decided to board the train from Bombay Central and paid excess fare from Bombay Central to Borivali. They occupied their seats which were reserved from Bombay Central. According to the complainant although all seats were reserved and occupied, 10 to 15 persons unauthorisedly entered at Dadar into the reserved compartment made fun of the persons who had reserved seats and forcefully and unauthorisedly occupied seats in the reserved carriage, that the complainant attempted to contact the ticket checker, conductor and police for help but without any success and that as the complainant had resisted against illegal entry of unauthorised persons they became violent and attacked the complainant by using abusive language resulting in the fracture of D -12 vertebral column as a result of which he is suffering from permanent disability. Alleging that it was the duty of the Railway Administration to see that no unauthorised persons/passengers enter into the reserved carriage and no criminal acts were committed in Railway carriage, the complainant claimed compensation of Rs. 85,000/ - due to negligence and deficiency in service of the Rail - way Administration.

(3.) THE District Forum negatived the preliminary objections and held that it has jurisdiction to entertain the complaint. The District Forum on facts and on appreciation of the evidence came to the finding that the incident as narrated by the complainant had taken place in Gujarat Express. Relying on the medical evidence the District Forum held that the complainant had suffered permanent disability to the extent of 10% and computed the total compensation payable to the complainant at Rs. 87,500 / - but as the complainant had restricted the claim to Rs. 85,000/ - me District Forum awarded Rs. 85,000/the together with interest and costs.