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Telangana Consumer Forum Awards ₹10 Lakh Compensation for Railway Negligence Leading to Eye Injury of a Passenger

In a landmark judgment, the Telangana State Consumer Disputes Redressal Commission, Hyderabad, ordered the South Central Railway, represented by the Union of India, to pay a compensation of ₹10,00,000 with 9% interest per annum to Sri Vennapu Prasada Rao, a 20-year-old student, for negligence that led to the loss of his left eye. The incident, which occurred while the complainant was traveling on the Janmabhoomi Express, was deemed a clear case of deficiency in service by the Railways.

Case Background

The complainant, Sri Vennapu Prasada Rao, boarded the Janmabhoomi Express on June 5, 2016, from Secunderabad to Visakhapatnam. He purchased a general compartment ticket (No. 098626897) for ₹220 and occupied a single window seat. While the train was approaching Tipparti Railway Station, an iron bolt, allegedly from the railway track, struck his left eye, causing a grievous injury.

Key Allegations by the Complainant

1. The iron bolt was loosely fastened on the railway track and flew into the train, injuring his eye.
2. Despite immediate distress, the train's alarm chain was non-functional, and no ticket collector or railway staff was available to assist.
3. At Miryalaguda station, the railway authorities provided minimal attention and allowed the train to proceed, leaving the complainant to seek medical help on his own.
4. The complainant was eventually taken to Sarojini Devi Eye Hospital, Hyderabad, but by then, his left eye's condition had deteriorated, leading to the removal of the eyeball and permanent vision loss.

The complainant argued that the railway's negligence led to his injury, loss of vision, disruption to his education and career, and bleak prospects for marriage. He sought ₹20,00,000 in compensation for physical and mental agony, loss of vision, disfiguration, and legal expenses.

Railway’s Defense

The South Central Railway contended:

1. The case was outside the jurisdiction of the Consumer Forum due to the existence of the Railway Claims Tribunal Act, 1987, and Railways Act, 1989.
2. The complainant might have sustained the injury while standing at the train door, as the window had an iron grill and shutter, making it improbable for an iron bolt to hit him.
3. The compensation claimed was excessive, and the maximum payable under the Railway Tribunal Act for untoward incidents was ₹8,00,000.

Commission’s Findings

The commission, led by Hon’ble Sri V.V. Seshubabu (Judicial Member) and Hon’ble Smt. R.S. Rajeshree (Non-Judicial Member), made the following observations:

Jurisdiction

• Referring to the Consumer Protection Act, the commission ruled that consumer forums have jurisdiction in cases of deficiency in service, even when other laws apply.

Negligence and Deficiency in Service

• The commission accepted the complainant's version, supported by:
  • Photographs (Ex.A4) showing the iron bolt.
  • Medical records from Sarojini Devi Eye Hospital.
  • Observation reports from GRP Police (Ex.A5).
• The commission noted that no railway staff provided immediate assistance, no doctor was summoned, and the non-functional alarm chain further aggravated the situation.

Impact of the Injury

• The loss of the left eye permanently disabled the complainant, disrupting his education and career. It also caused disfigurement and impacted his marriage prospects.

Compensation Awarded

The commission awarded the complainant a total of ₹10,00,000, broken down as follows:

1. ₹1,00,000 for pain and suffering.
2. ₹3,00,000 for permanent disability and vision loss.
3. ₹4,00,000 for loss of future earnings.
4. ₹1,00,000 for disfigurement.
5. ₹1,00,000 for diminished marriage prospects.
6. ₹20,000 for legal expenses.

Additionally, the compensation will accrue 9% interest per annum from the date of filing the complaint until payment. The Railways were given 30 days to comply.