The apex consumer commission has directed the Railways to compensate a woman disabled in a foot over-bridge collapse incident at a station in Mumbai in 1992.
The National Consumer Disputes Redressal Commission (NCDRC), however, modified the compensation amount decided by the state commission from Rs 10 lakh to Rs 4.5 lakh.
The commission asked the Railways to pay the amount to Mumbai resident Vinaya Vilas Sawant, who suffered severe injuries to her spine in the accident.
"We tend to believe the version given by the complainant that they travelled by train on the fateful day for their journey from Jogeshwari to Ghatkopar and back. It is a settled legal position that under the Consumer Protection Act, if two different opinions are possible, the one favourable to the consumer, should be adopted.
"It is held, therefore, that the complainant is very much covered under the definition of consumer as defined under the Consumer Protection Act. The finding of the State Commission in the impugned order to that effect is upheld, therefore," the commission headed by Presiding Member B C Gupta said.
The commission was hearing revision petition filed by the Railways against the Maharashtra state commission's decision awarding Rs ten lakh to her and another petition by Sawant for enhancement of compensation.
While it partly allowed the Railways' plea, it dismissed the woman's petition for enhancement.
The Railways had contended that there was a sudden, strong wind accompanied by heavy rainfall which led a large number of passengers/persons taking shelter on the bridge, resulting in overloading.
It also alleged that the woman was not a passenger as she failed to produce any evidence of her ticket.
According to the complaint, Sawant, a railway pass- holder, was returning home on September 28, 1992 and when she used the railway foot-bridge to come to Jogeshwari (East), it suddenly collapsed and and fell on the railway track 2225 ft deep and suffered serious injuries.
The complaint further alleged that she suffered permanent disability of high order due to the injuries she suffered to her elbows, legs and spine.
The state commission granted Rs 10 lakh as compensation which was challenged by both parties.
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