SOUTH CENTRAL RAILWAYS SECUNDERABAD vs V. NIRMALA

THIS Revision petition is filed against the order dated 12.8.1997 passed by the State Commission, Andhra Pradesh in F.A. No. 392 of 1996 and F.A. No. 603 of 1996 directing the petitioners, G.M., South Central Railways, Secunderabad to pay Rs. 15,000 towards compensation along with costs of Rs. 2,000 to be paid to the respondents/complainants V. Nirmala and V. Suryanarayana.

BRIEF facts of the case are : The complainants V. Nirmala and her husband V. Suryanarayana purchased 2nd class sleeper tickets with reservation from Aurangabad to Hyderabad to travel on 24.3.1993 i.e., for journey from Aurangabad to Jalna by "Daund Passenger" and from Jalna to Hyderabad by the connecting train, "Ajanta Express". The Daund Passenger left Aurangabad 90 minutes late and arrived at Jalna on 25.3.1993 late by 1 hour and 40 minutes. The scheduled arrival of "Daud Passenger" at Jalna was 22.45 hrs. whereas it arrived at Jalna only at 1.10 hours. The departure time of the Ajanta Express from Jalna to Hyderabad was at 23.20 hrs. Due to this delay, the complainant missed the connecting train the "Ajanta Express" which left Jalna to Hyderabad at 23.20 hrs. and around 200 passengers were stranded that night at Jalna Railway Station. The complainants alleged that while they were to await the departure of "Ellora Express" there was no sufficient accommodation in the waiting room and that the Station Master did not allow them even to sleep in the Ellora Express which was stationed in the platform. It was only after a lot of persuasion, they were allowed to sleep in Ellora Express initially without lights and fans and that it was after a lot of fight, the Station Master permitted the lights to be switched on in the said train. The first complainant V. Nirmala was a patient of Thromobophlebitis and suffered strain and hardship which resulted in abortion of three months pregnancy. The complainants filed a complaint in the District Forum-II, Hyderabad alleging deficiency of service against the opposite parties and claimed compensation of Rs. 5 lakh for the hardship they suffered due to delay and for not providing sufficient facilities to the passengers.

The District Forum held that the petitioner/opposite parties Railways should have detained the Ajanta Express till the arrival of Daund Passenger train and that Railways are being insensitive to the hardship suffered by the passengers, that the complainants had to travel in general compartment with hard wooden seats and were jostled by the passengers in the Ellora Express till Nizamabad and onwards till Secundarabad.

FEELING aggrieved, both parties filed appeals in the State Commission, which dismissed the Appeal No. 392 of 1996 filed by the complainants for enhancement of compensation and partly allowed the Appeal No. 603 of 1996 filed by Railway by reducing compensation to Rs. 15,000 and confirmed the costs of Rs. 2,000 as mentioned in the order. The Railways, being not satisfied with the order of State Commission, have come in revision before us. The respondents/complainants are absent despite notice.

THE learned Counsel for the petitioner pointed out that the revision petition filed by the respondent for enhancement of compensation has been dismissed by this Commission. The State Commission held that there was no deficiency of service on the part of the petitioner regarding the delay in arrival of the Daund Passenger train at Jalna. But it held that there is deficiency of service on the part of Railways, as they had not taken any steps to make the arrangement for the waiting passengers who were stranded on the station as the next train which was to leave only at 5.30 a.m. The learned Counsel for the Railways submitted that the aforesaid order cannot be justified as they provided the service of the next train to the waiting passengers; that the passengers were free to avail the facilities of refund of fare without any deduction; that they have not promised or assured or represented to provide any other services to the waiting passengers other than what was provided for; that the passengers were allowed to take rest in the waiting room or in train the "Ellora Express" which was stationed on the platform; that the Station Master was not insensitive to the requests of the passengers and allowed the lights and fans; that they are not insensitive for the remote consequences suffered by any passenger, with some health problems; they cannot be held liable for payment of the costs spent by the passengers for their ailments arising out of the travel and that Railways have taken possible care in the present circumstances.

WE agree with the submissions made by the Railways. Railways cannot be burdened with high expectations of comfort for a large number of passengers in the present day circumstances where delay in departures and arrivals is beyond their control. 11 In the result, we set aside the orders of the District Forum and the State Commission and allow the revision petition. The complaint is dismissed. There shall be no order as to costs. Revision Petition allowed.