ANIL GUPTA vs GENERAL MANAGER, NORTHERN RAILWAYS

THE present appeal is directed against the order dated June, 23rd 1990, passed by the Distt. Forum (Kangra Distt.).

BRIEFLY, the facts are that the appellant filed a complaint before the Distt. Forum, Kangra Distt. claiming a compensation of Rs. 30,000/- on the allegations that he booked two berths in Air conditioned IInd class sleeper by Jhelum Express from Pathankot to New Delhi for 25.12.1989. He purchased tickets from Palampur to New Delhi vide Ticket Nos. 00379/80/2300 14 costing Rs. 666/- and after repeated visits to Palampur Railway Station, he was informed that a confirmation telegram had been received from Jammu regarding reservation of two berths. In view of this information the appellant alongwith his wife reached Pathankot from Palampur on 25.12.1989 without any bedding to board Jhelum Express. Bed rolls are provided to the passengers travelling by AC-11 Class sleeper. At Pathankot Railway Station, the appellant could not find his and his wife''s name in the reservation chart and upon enquiry he was informed that no reservation was available for 25.12.1989 by Jhelum Express in AC-11 Class. Sh. Sood, Conductor in the Compartment refused the appellant and his wife to board the train.

It is alleged that a requisition for 3 berths in the name of Sh. I.K. Gujral Foreign Minister was bonded over to Mr. Sood by some persons at Pathankot Railway Station. But inspite of the requests, the appellant and his wife were not allowed to utilise these berths either. Mr. Sood expressed his helplessness in the matter and made an endorsement on the tickets that the name of appellant and his wife did not appear in the reservation chart.

THE appellant deposited tickets with the ticket Collector who issued a depositor file Nos. 587 & 588 for refund of the money. The appellant alleges that he experienced inconvenience, humiliation and harassment by denial of the confirmed seats and had to suffer physical and mental torture. He and his wife spent the night at Railway Platform without any bedding and both travelled by bus from Pathankot to Delhi on 26.12.1989 morning. They reached Delhi on 26.12.1989 during evening hours and found that the sister of the appellant was weeping. She was waiting for the arrival of the appellant and his wife by Jhelum Express on 26.12.1989 at about 10.00 A.M. and remained worried for the whole day. The appellant submitted his grievances to the Railways but the Railway Authorities simply sent a regret letter alongwith a cash amount of Rs. 478/- as refund for unused tickets from Pathankot to New Delhi. It is also alleged that the parents of the appellant also spent sleepless nights after getting information that the travelling was done by bus.

THE respondent admitted the confirmation regarding reservation of 2 berths for the appellant and his wife, in A.C. IInd class sleeper but stated that the appellant should have confirmed the reservation from Pathankot. It is further stated that two berths were allotted, in ordinary IInd class sleeper coach and not in A.C. IInd class sleeper. It is also stated instead of issuing a foil, the tickets amount should have been refunded at the Railway Station. It is further stated that the appellant and his wife could have stayed in the retiring room of the Railway Station. Further the refunded amount alongwith regrets offered by the Department should be considered as sufficient. The Distt. Forum after considering the pleadings of the parties alongwith the documents and the affidavits allowed an amount of Rs. 500/- as compensation to the appellant on account of inconvenience, humiliation etc. caused to the appellant.

WE have heard Mrs. Shubhra Mukerjee, representative on behalf of the appellant and Sh. R.K. Sharma, Advocate for the respondent.

THE Distt. Forum after considering all the facts and circumstances of the case has found that the appellant has suffered humiliation and inconvenience due to the faulty or negligence of the respondent and that an amount of Rs. 500/- as compensation should serve the ends of justice. We are of the view that the discretion in assessing the compensation has not been exercised by the Distt. Forum in a national manner after taking into consideration the extent of injury suffered by the appellant and his wife. Although there are no hard and fast rules for assessing the compensation for quantifying the amount of damages, yet the same should be a resonable amount which can satisfy the persons suffering the injury and can give mental satisfaction to them because it is difficult to assess such damages or compensation with exactitude.

In the present case the appellant reserved two berths in first Class Compartment from Palampur to Pathankot and by IInd Class-AC-Sleeper from Pathankot to New Delhi for 25th of December, 1989. The requisition for this reservation was handed over about 47 days in advance i.e. on 8th of November, 1989 and after repeated visits to Palampur, the appellant was informed on 9th of December, 1989 that the berths in the AC IInd Class sleeper for their travel by Jhelam Express leaving Pathankot on 25.12,1989 had been reserved and that information about the confirmation of this reservation had been received.

IN view of this information, the appellant and his wife reached Pathankot on 25.12.1989 by travelling in 1st Class compartment from Palampur to Pathankot. They were not carrying any beddings because they had confirmed reserved sleeping berths in AC IINd class sleeper and bed rolls for the night journey in the train which was to leave Pathankot at 10.10 P.M. on 25.12.1989 could be obtained in the compartment. They however could not board the train due to non availability of accommodation'', inspite of the fact that they had confirmed reservation tickets. The affidavit of the appellant discloses that he and his wife suffered mental agony at Pathankot Railway Station due to non availability of seats because their names were not in the reservation Chart. INspite of the repeated requests and the enquiries, the appellant and his wife were not accommodated and they were also not informed by the concerned/Railway authorities that they could board the train. IN short, the Railway authorities did not render any help to them and did not care to find as to whether any berths were available for them in the train. INstead of helping the appellant or his wife, the Railway officials simply asked them to get a refund by making proper application. The affidavit also discloses that the appellant and his wife spent the night at Pathankot Railway Platform during peak winter season without bedding and under compelling circumstances, they travelled by bus from Pathankot to Delhi in the next morning i.e. 26th of December, 1989. In the affidavit it is also stated that the sister of the appellant was waiting for the appellant and his wife on the morning of 26th December, 1989 and she spent the whole day of 26th December in great agony and weeping because she had definite information that the appellant alongwith his wife were reaching Delhi by Jhelam Express on 26th December, 1989 before noon. Similarly, the parents of the appellant also spent perturbed nights as they were informed that the appellant and his wife travelled by bus.

THERE is nothing to rebut this evidence. Rather these facts are admitted. The Railways are public utility service and is common man''s mode of transport. The Railway services should be prompt and efficient and in case of any difficulty, the passengers should be given all reasonable help and assistance in getting accommodation in the Railways. In the present case, the affidavit of the Station Supdt. Palampur states that information regarding confirmation of seats in AC IInd Class for 25.12.1989 had been received by him and the Chief Reservation Supervisor Jammu also admits in his affidavit that such a reservation was confirmed to Station Supdt. Palampur vide message dated 7.12.1989. In these circumstances, it cannot be said that there was any fault on the part of the appellant or his wife. The whole fault as a matter of fact for not providing the reserved accommodation in AC-IInd Class lay with the Railway authorities or its staff in not performing the duties efficiently. The public is not supposed to suffer for this negligence on the part of the Railways or its staff.

THE appellant and his wife spent about 4 times the fare which is to be paid for travelling in ordinary IInd Class and for this reason it can safely be presumed that the appellant and his wife were very keen to have a comfortable journey for which they had to pay about 4 times ordinary IInd class fare. Instead of getting a comfortable journey they were put to discomfort in peak winter season and their relatives had also to remain worried due to their non arrival at the scheduled time and due to their journey by bus.

KEEPING the aforesaid circumstances into consideration and taking a rational view of the matter we feel that a reasonable compensation of Rs. 1,000/- each should be awarded to the appellant and his wife and the amount awarded by the District Forum should be enhanced to that extent. In view of the above discussion, this appeal is accepted and the order of the District Forum is modified to the extent that instead of Rs. 500/- awarded by the District Forum? the appellant will now be paid an amount of Rs. 2,000/- (i.e. Rs. 1,000/- each). We further direct that the amount awarded should be paid within a period of one month from today. The parties will bear their own costs. Appeal allowed.