RAILWAY BOARD AND ORS Vs. BURLE SUGUNA KUMARI

JUDGEMENT

(1.) Late Shri Burle Jagan Mohana Rao, husband of the complainant, was travelling from Secunderabad to Vijayawada at Golconda Express on a valid ticked purchased by him. He got down from the train at about 8 pm. He died at one of the platforms of Vijayawada railway station and his dead body was noticed at about 00:30 hours. The incident was reported to the Deputy Station Superintendent and an ambulance was called. He was declared dead. The case of the complainant/respondent is that no medical aid was provided to him at any point of time till he died. She therefore, approached the concerned District Forum seeking compensation. The complaint was resisted by the petitioners primarily on the ground that the deceased having died a natural death, having suffered a heart attack, they cannot be said to be negligent in the matter and were not responsible for his death.

(2.) The District Forum having dismissed the complaint, the respondent/complainant approached the concerned State Commission by way of an appeal. Vide impugned order dated 25.04.2017, the State Commission allowed the appeal and directed the petitioner to pay the compensation quantified at Rs. 10 lacs alongwith interest @ 9% per annum from the date of the order. Being aggrieved, the petitioners are before this Commission by way of this revision petition.

(3.) The only question involved in this petition is as to whether the petitioners can be said to be negligent in rendering services to the deceased who was a lawful passenger, he having purchased a valid ticket and having not left the platform where he had got down from the train. It can hardly be disputed that since he was within the railway premises at the time he died, he was a consumer of the petitioners in terms of Section 21 of the Consumer Protection Act. A reference in this regard may be made to the decision of this Commission in Vinaya Vilas Sawant Vs. Union of India, 2008 1 CPJ 13.