Eye injury due to loose bolt in train: NCDRC reduces compensation for man from ₹10 lakh to ₹3.2 lakh

The National Consumer Disputes Redressal Commission (NCDRC) recently directed the Indian Railways to pay ₹3.2 lakhs as compensation to a man whose left eye was injured while he was travelling on a train, after he was hit by a loose iron bolt on the train [Vennapu Prasada Rao v. Union of India]..Earlier, the Telangana State Consumer Disputes Redressal Commission had ordered for ₹10 lakhs to be paid as compensation, with 9 per cent interest and ₹20,000 as litigation costs. However, after the Indian Railways challenged this State consumer forum ruling, the NCDRC reduced the compensation payable to ₹3.2 lakhs. .The NCDRC found that this was the maximum compensation payable in this case under the Railway Accident and Untoward Incidents (Compensation) Rules, 1990.NCDRC presiding member Ram Surat Ram Maurya and member Bharat Kumar Pandya held that the State Commission was not justified in saying that a person is entitled to more compensation depending upon the facts of the case."Section 124 of the Railways Act, 1989 has an overriding effect as such the compensation is payable as provided under the Railway Accident and Untoward Incidents (Compensation) Rules, 1990. The counsel for the appellant has produced Schedule of the Rule, 1990, in which for loss of one eye without complications the other being normal is Rs.320000/-. Although the complainant has stated that his right eye has also been affected but no evidence has been produced. Only left eye of the complainant has been enucleated in the accident dated 05.06.2016 as such the complainant is entitled for compensation of Rs.320000/-," the NCDRC said in its August 21 order. .The complainant, Vennapu Prasada Rao was travelling on the Janmabhoomi Express from Secundrabad to Vaishakhapatnam when he got hit in the left eye with a loosely fastened nut bolt resulting in the loss of his left eye.Vennapu filed a complaint at the State Commission seeking compensation of ₹20 lakhs for his injury and mental pain. The State Commission ordered Indian Railways to pay him a compensation of ₹10 lakhs along with 9 per cent interest per annum along with ₹20,000 for legal expenses. The Indian Railways challenged the State Commission order by filing an appeal before the NCDRC. .The NCDRC upheld the findings of the State Commission on the maintainability of the complaint."Section 15 of the Railway Claims Tribunal Act, 1987, does not bar the jurisdiction of Consumer Commission does not suffer from any illegality," it added. Further, the NCDRC also did not interfere with the findings of the State Commission that the complainant received injury in his left eye and lost his left eye during his train journey.However, NCDRC partly allowed the appeal filed by Indian Railways and observed that the State Commission could not have awarded compensation exceeding what is provided in Railway Accidents and Untoward Incidents (Compensation) Rules."In view of aforesaid discussions, the appeal is partly allowed. The order State Consumer Disputes Redressal Commission, Telangana at Hyderabad dated 19.04.2022 passed in CC/125/2017, is modified and the appellant is directed to pay Rs.320000/- with interest @9% per annum, from the date of accident till the date of payment. Cost awarded by the State Commission is upheld", the NCDRC said. .Senior Counsel Anushkaa Arora and advocate Yukta Kathuria appeared for the Union of India-owned South Central Railway. Advocates Renuka Sahu and Shubham Bhatia represented the complainant, Vennapu Prasada Rao. .[Read Order]