Ms. Neelam, daughter of Ashok, was travelling in train. She fell down from the running train while she was passing through the inter-connecting passage between two compartments and died as a result of crush injuries on h

CS Executive · Economic and Commercial Laws · PYQS · June 2015
Ms. Neelam, daughter of Ashok, was travelling in train. She fell down from the running train while she was passing through the inter-connecting passage between two compartments and died as a result of crush injuries on her head. Ashok claimed compensation from the Railways for deficiency in service. The Railways contended that the redressal agencies under the Consumer Protection Act, 1986 had no jurisdiction to consider a complaint of this nature. They also contended that all the coaches of the train had been thoroughly checked at the starting point of the train and no defect was reported. Will Ashok succeed in getting compensation? Give reasons and refer to decided case law, if any.

Answer & Explanation:

Yes, Ashok will succeed. In Union of India v. Nathmal Hansaria [First Appeal No. 692 of 1993 decided on 24.1.1997 (NCDRC)] the National Commission held that the death of the passenger could not be described as resulting from railway accident but an accidental death caused by the absence of safety devices in the vestibule passage way. The deceased passenger was a consumer and awarded compensation to the parents of deceased.

Topics: Consumer Protection Act, 1986

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