Title - Railways ordered to pay relief to accident victim

A city court has ordered Southern Railway to pay compensation to a person who sustained injuries when a wooden sleeper log fell from a railway overhead track on the vehicle he was riding in the Reserve Bank of India subway in the city in 2007.Holding the Railway solely responsible for the accident, G.Vinobha, II Assistant Judge of the City Civil Court, directed it to pay Rs. 1.30 lakh with 12 per cent interest from the date of accident.D. Ramakrishna Rao, a computer designer, filed a suit in the City Civil Court against the Southern Railway and sought compensation.On November 1, 2007, the 40-kg log fell on him as he was riding a two-wheeler from his residence towards Parry's corner. Though he was wearing a helmet, he suffered injuries on his neck and shoulders. He fell unconscious and passers-by took him to the nearest hospital where he was admitted and treated for six days.

M.K.Ashokan, counsel, alleged that the accident occurred due to the negligence on the part of the railway. A news report published in The Hindu was marked as an exhibit.

Denying Mr. Rao’s allegation, Southern Railway contended that the track on the RBI subway was made of steel sleepers. Moreover, a sleeper’s weight was 300 kg. The railway also stated that the accident could not have happened due to the falling of sleepers as alleged.

Rejecting the contention, the Judge said eyewitness accounts clearly showed that the accident occurred on the day due to the falling of railway sleeper log on his head while he was passing through the subway.

“The accident occurred due to negligence of the railway in not maintaining the wooden sleepers in a proper condition and the railway is solely responsible. Therefore, the plaintiff has to be duly compensated for injuries and damages,” said the Judge.