Drilling machine ‘injures’ passenger at platform, Railways to pay her Rs 10 lakh

Injured at Railway Station

According to the complaint, the complainant, along with her parents and sister, was waiting on a platform at Srikakulam Road Railway Station to board the Amaravathi Express for a pilgrimage to Srisailam. She alleged that workers carrying out drilling work left a drilling machine unattended after a power outage. When electricity was restored, the machine suddenly started and allegedly struck her left leg, causing fractures.

She stated that titanium nails and locking screws were implanted into her leg by the hospital and claimed the implants still require removal through another surgery and that the injuries affected her mobility and career prospects. Therefore, she sought compensation.

Opposing the plea, the Railways argued that under the General Conditions of Contract, the contractor alone was responsible for ensuring public safety during execution of works. It also pointed out that the complainant had already received Rs 2.6 lakh through a settlement with the contractor’s representatives and had suppressed this fact while filing the consumer complaint.

The commission rejected the Railways’ argument that they were not liable and observed that the railway administration owed a continuing duty to provide a reasonably safe platform and safe boarding facilities to the complainant who had hired its services by purchasing a valid ticket.

The commission found that the Railways failed to produce evidence showing that adequate barricades, warning systems or other safety measures were in place while drilling work was being carried out on a platform where passengers were permitted to wait.

“Mere production of the General Conditions of Contract is insufficient to discharge the Railway Administration from its obligation to ensure passenger safety. The complainant hired the services of the Railways by purchasing a railway ticket. The Railways had a duty to provide a safe platform and protect passengers during maintenance work,” the order read.

The commission further remarked that the duty to maintain safety within railway premises is a non-delegable duty and that the Railway administration cannot avoid its liability towards passengers merely because the work was entrusted to an independent contractor.

“This Commission cannot ignore that the complainant is a young unmarried woman. Serious permanent physical disability may have adverse social consequences, including difficulties in her personal and matrimonial life. While such factors cannot be assessed with mathematical precision, they are relevant circumstances in determining just and reasonable compensation for the pain, suffering and loss of future prospects suffered by the complainant,” it said.

Granting relief to the complainant, the commission directed the East Coast Railway to pay Rs 10 lakh as compensation towards mental agony, disability, loss of earnings and deficiency in service.

Takeaway

The ruling underscores that public authorities cannot evade consumer liability by shifting responsibility to contractors. In such cases, public authorities like Railways must demonstrate that they had taken enough precautions to ensure avoidance of accidents.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Andhra Pradesh: 0866–2551431) or call the National Consumer Helpline at 1915 for assistance.