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Thursday, March 25, 1999

Rlys ordered to pay Rs 4.12 lakh to FOB crash victim

EXPRESS NEWS SERVICE  
MUMBAI, MARCH 24: September 28, 1992. The foot over bridge (FOB) at the southern end of the Jogeshwari railway station collapses. Over 50 commuters fall on the tracks below and are badly injured. Kamal Ghole (24), the bread winner of her family, is one of them. After over two years of intense agony, on December 8, 1994, she dies. Her family demands a compensation of Rs 4.5 lakh from the Western Railways (WR). Does the WR owe it to the Gholes?

Yes, according to the Mumbai District Consumer Disputes Redressal Forum. ``The opposite party (WR) shall pay to Mr Jairam and Mrs Prabhavati Ghole, a compensation of a sum of Rs 4,12,797.50 within 60 days of the receipt of a copy of this order failing which the said amount shall carry a simple interest at the rate of 18 per cent from the date of this order to its final realisation,'' said the forum's landmark judgement, passed recently. The judgement is being seen as a legal statement on the accountability of the railways' services to its commuters.

The Mumbai GrahakPanchayat (MGP) was the chief complainant in the case after the Gholes approached it in 1994. ``We looked at the case from the angle of public interest,'' Shirish Deshpande of the MGP who appeared for the Gholes told Express Newsline. While some victims chose to move the high court against the WR, the MGP decided to seek relief from the consumer forum.

The report of an inquiry committee set up by the WR soon after the mishap stated: ``Corrosion in the outer angle of the bottom chord of the girders at the nodal points, where the stringers were welded on to the bottom long angles of the lower boom of the truss of the foot over bridge.'' Deshpande said, ``In short, the iron frame that holds the cement concrete was rusted and weak and was unable to withstand the pressure of commuters who crowded on the bridge to shelter themselves from the unseasonal rains on the day.'' The report was signed by chief engineer (south) A D Shrivastav.

The forum has held the railways and in turn the bridge supervisor, C BShivcharan, CBRI (I) BL, responsible for not undertaking periodic preventive and curative repairs and maintenance of the bridge. The judgement has directed the WR to recover 50 per cent of the final payable compensation from Shivcharan in 50 installments.

Kamal Ghole had sustained serious injuries after a lot of commuters fell on her after the FOB gave away. She was completely paralysed below her waist and her urinary bladder was badly ruptured as well. Her body, therefore, could not retain the urine. Kamal's father is a gardener and could not afford to commute between their residence in Jogeshwari and KEM Hospital, where they had take her for a regular bladder wash.

Of the total amount, the forum has ordered a compensation of Rs 2 lakh towards ``the pain suffered by parents to see their active girl child totally bed-ridden''. The Gholes will be fully reimbursed for the medical bills amounting to Rs 2797.50 and Rs 15,000 for transportation by taxi from their residence to the hospital.

``The MGP's aimwas to let people know that they can turn to the forum for relief in cases like the Gholes' as well,'' said Deshpande. The judgement was released by the president of the forum, Gopinath N Chaudari and members, Vanmala Manjure and Dr Gopinath N Shenoy.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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