District Consumer Disputes Redressal Forum President Sanjay Garg pronounced the verdict here on a plea by Jatinder Saxena.
Saxena had alleged that that while he along with his wife Meenu, their daughter Neha and son Sahil were travelling in Shallimar Express from Jalandhar to reach at Pathankot on January 1, 2011, the upper berth of the coach in which Meenu was sitting fell on her neck.
Meenu suffered grievous injuries as a result of the accident and she was taken to various hospitals but ultimately succumbed to her injuries.
They demanded compensation from Railway authorities for negligence and deficiency in service for not properly maintaining coach and berth, which lead to the untimely death of Meenu, Saxena alleged.
Railway authorities, however, refused to pay any compensation to the complainants and even denied that the berth had fallen on Meenu.
The Forum observed that there was sufficient evidence in the shape of medical evidence and FIR to prove the fact that Meenu suffered grievous injuries on her neck due to falling of berth of the Railway coach.
It observed that the complainants were entitled to reimbursement of the expenses of Rs 2.50 lakh incurred by them on the treatment of Meenu along with compensation on account of her untimely death and also Rs 5.20 lakh for loss of income and Rs 1 lakh for loss of love and affection and loss of service which Meenu would have provided as wife to Jatinder Sexena and as mother to the children Neha and Sahil.
The Forum directed that the compensation be paid within 30 days from the date of receipt of copy of the order, failing which the said amount will be payable alongwith interest of 9 per cent per annum.
