Union of India vs N.V.S.L. NARASIMHAM

THE opposite parties in C.D. No. 663/1999 on the file of the District Forum, Visakhapatnam are the appellants.

IN this case, the question is, when reserved ticket passengers were forcibly prevented from entering into the reserved bogie, whether they are entitled to compensation or not ? The complainants had reserved tickets for travelling in Tirumala Express from Tirupathi to Visakhapatnam in S-5 coach on 28.1.1999. Though, they reached the station well in time, their berths were occupied by unauthorised persons. The reason assigned by the opposite parties is that as there was Congress Party meeting, large number of persons who attended the same occupied the berths and the Railway Management could not have any control. The District Forum did not accept this contention. In view of the unauthorised passengers occupying the reserved seats/berths of the complainants, they had alternatively travelled by engaging a taxi spending a sum of Rs. 5,077.50 to reach the destination, Visakhapatnam. The District Forum, besides directing payment of taxi fare as per Bill No. 388, marked as Ex. A-4, further directed payment of Rs. 2,000/- to each of the complainants, in addition to a sum of Rs. 1,000/- towards costs. Hence the appeal.

When the crowd occupied the reserved berths allotted to the complainants or similarly placed travellers, it is the minimum duty of the Station Superintendent/Station Master to announce that those who could not get into their bogies and occupy berths, they will be provided alternative accommodation or they will be looked after by providing lodging etc., nothing of this sort is done. There was nobody to console them. In one word, the petitioners who purchased valid tickets were left high and dry and hence the District Forum rightly found that there is deficiency in service. The District Forum rightly awarded Rs. 5,077.50 towards taxi bill for their journey from Tirupathi to Visakhapatnam. As all the members belong to the same family, they engaged a taxi and left for Visakhapatnam. The fifth complainant is aged about 75 years i.e. the mother of the first complainant. The complainants 1 and 2 are the parents of the complainants 3 and 4. But, all of them must have had a very bitter experience to engage a taxi and travel a long distance all the way from Tirupathi to Visakhapatnam which would take 18 to 20 hours and hence the mental agony they had is inexplicable. Therefore, the District Forum, awarded a compensation of Rs. 2,000/- each. However, we are of the opinion instead of Rs. 2,000/- for each of the complainants, we are inclined to reduce the compensation to Rs. 1,000/- per head. Accordingly, we restrict the compensation to Rs. 5,000/- and leave the costs of Rs. 1,000/- as awarded without interference.

HENCE, the appeal fails and is accordingly dismissed, except, to the extent reducing the compensation from Rs. 2,000/- to Rs. 1,000/- for each of the complainants. Time for payment six weeks. Appeal dismissed.