: A woman seeking compensation from the Railways for the death of her husband, caused due to suffocation while travelling in a crowded EMU train from Faridabad, has been denied relief by the Consumer Forum.
Complains of suffocation
The Faridabad District Forum dismissed her plea for compensation, noting that the friend of the deceased, who was travelling with him at the time of his death, tried to administer first aid when he complained of suffocation.
10 EMUs
The Forum added that the friend also called up the police control room upon reaching Delhi, took him to the hospital and that the Railways was never contacted at any point during the entire episode.
The Railways maintained that while they were never contacted, deceased Kalyan Singh could have boarded a less crowded train. It was pointed out that 10 EMU trains run between Faridabad and Delhi.
“There is no document or proof on record to show that the respondents [the Railways] were contacted at any stage during the emergency condition of Kalyan Singh. There is a statement of his friend that he dialled 100 for help from the police. There is no statement on record to show that the respondents were contacted for help. In such a scenario, the question of deficiency in service on the part of the opposite parties does not arise since their services were never sought in the first place. In view of the above, the complaint is dismissed,” the Forum said.
In the instant case, Kalyan was employed as a skilled worker in Delhi and used to travel daily from Faridabad to Daya Basti railway station in Delhi. On March 3, 2013, he boarded the EMU train from Ballabhgarh to reach Delhi. Travelling in a packed compartment, he complained of suffocation as the time train reached Sarai Khawaja at Faridabad and fell unconscious.
His friend Nikunj tried to administer first aid, but in vain. When the train reached Tughlakabad station in Delhi, he called up the PCR. With the help of the police, took Kalyan to Apollo Hospital, where he was declared brought dead.
“Mental agony”
Kalyan’s family claimed they were due compensation from the Railways since he had died of suffocation onboard. The family moved the Faridabad District Consumer Forum, praying for a compensation of Rs.15 lakh, besides Rs.50,000 for “mental agony”.
Natural causes
The Railways submitted before the district forum that there it was Kalyan’s duty to travel by train best suited to him. It also maintained that the reason of death was shown to be from natural causes.
