Mumbai: Stating that it’s the Railway’s duty to eliminate dangerous platform gaps and ensure necessary trauma infrastructure, the state consumer commission held Western Railway liable for gross negligence and ordered Rs 27 lakh compensation for a now 65-year-old LIC agent who lost both legs at Borivli station in 2014, and was wheeled to the hospital in a “luggage trolley” instead of an ambulance. While attempting to board the Suryanagri Express to return to his hometown, Hitendra Joshi slipped and fell into the gap between the platform and the tracks. The moving train ran over both his legs. “The subsequent conduct of the opposite party (railways) also shows negligence…The complainant was transported on a luggage trolley… without an ambulance, and no medical officer accompanied him. The initial hospital chosen lacked adequate trauma facilities, thereby aggravating the suffering,” said the Maharashtra State Consumer Disputes Redressal Commission.Joshi moved the commission in 2015 through Consumers Welfare Association, and was represented by consumer rights activist Jehangir B Gai. The complainants attribute the fall to defective infrastructure, specifically a platform height that did not meet safety specifications of Research Designs and Standards Organisation standards. The injury was so severe that it resulted in immediate amputation of both limbs above the knees, ending his career and leaving him with a 90% permanent disability. In the complain, Joshi alleged that the guard and station master allowed the train to move without ensuring passenger safety. Joshi said he underwent multiple surgeries and prolonged treatment at a private hospital due to infections. His accumulated medical bills exceeded Rs 20.7 lakh, with an additional Rs 23 lakh estimated for ongoing rehabilitation and Rs 5.8 lakh for prosthetics.Western Railway contested the claim, arguing that Joshi was “rash and negligent” as he tried to board a moving train despite warnings. It was also claimed that his life was saved due to prompt action of the staff present. The railways also alleged Joshi was travelling ticketless. The commission, however, held that based on records, Joshi provided a valid travel ticket from Borivli to Valsad, andfound that the Railway failed to provide CCTV footage or safety reports to prove the staff had followed protocol. “..compliance with dimensional standards alone does not absolve the opposite party of its larger statutory duty to ensure safe access for passengers,” the commission said.
