Compensation Reduced to ₹3.2 Lakh as per Railway Accident Rules
The National Consumer Disputes Redressal Commission (NCDRC) has reduced the compensation awarded to a man who lost his left eye in a train accident from ₹10 lakhs to ₹3.2 lakhs. The NCDRC’s decision came after noting that this amount was the maximum payable under the Railway Accident and Untoward Incidents (Compensation) Rules, 1990.
The case revolved around a man, Vennapu Prasada Rao, who suffered a serious eye injury while traveling on the Janmabhoomi Express from Secunderabad to Vishakhapatnam. During the journey, Rao was struck in the left eye by a loose iron bolt, which ultimately resulted in the loss of his eye.
Initially, the Telangana State Consumer Disputes Redressal Commission had ordered the Indian Railways to pay ₹10 lakhs in compensation, along with 9% interest and ₹20,000 for legal costs. However, the Indian Railways challenged this decision before the NCDRC, arguing that the compensation exceeded what was permissible under the relevant rules.
In its ruling, the NCDRC agreed with the Railways, stating that under the Railway Accident and Untoward Incidents (Compensation) Rules, 1990, the maximum compensation for the loss of one eye without complications is ₹3.2 lakhs. Despite the complainant’s assertion that his right eye was also affected, no evidence was provided to support this claim. Consequently, the NCDRC held that the lower court had overstepped by awarding compensation beyond the prescribed limit.
While upholding the findings that Rao’s injury occurred during his train journey, the NCDRC clarified that the compensation could not exceed the legal cap. The NCDRC’s order modified the Telangana State Commission’s ruling, directing the Indian Railways to pay ₹3.2 lakhs with 9% interest from the date of the accident, maintaining the legal costs at ₹20,000.
Counsels for both sides presented their arguments, with Senior Counsel Anushkaa Arora and advocate Yukta Kathuria representing the Indian Railways, while advocates Renuka Sahu and Shubham Bhatia appeared for the complainant.
(With inputs from agency)
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