Southern Railway told to pay Rs 7 lakh to boy for MRTS accident

By Express News Service  |   Published: 28th July 2017 01:28 AM  |  

 

An MRTS station in Chennai. (File photo: EPS)

CHENNAI: Six years after a three-and-a-half year old boy fell into an uncovered sewage canal in a gap between the wall and floor at Kotturpuram MRTS railway station, the Madras High Court has directed Southern Railway to pay a compensation of Rs 7.1 lakh towards the boy’s medical expenses.

S Srinivasan’s son fell almost 20 feet into the sewage and he was rescued after more than 5 minutes. During this time, the child’s entire body was full of sewage reportedly affecting his face, nose, mouth and almost all parts of the body. He was rushed to a private hospital nearby and treated there. Srinivasan had to pay Rs 2.1 lakh for his son’s treatment.

Srinivasan filed a writ petition in February 2011 praying the court to direct the respondents to pay a compensation of Rs 15 lakh.

 

“The contention of the railways they are not at all responsible for negligence, cannot be accepted,” a recent order by Justice S Vaidyanathan said.  “Similarly, the contention of the petitioner that the entire fault is on the part of the railways, cannot also be accepted. There appears to be contributory negligence on the part of both parties. It is the duty of parents to take care of the children, more particularly when children are in the playful tender age”.

However, the court said this was no ground to reject Srinivasan’s plea, especially as there was a gap between the station building and the canal retaining wall. The court directed the railways to pay a compensation of Rs five lakh and medical expenses of Rs 2.1 lakh. However, as Southern Railway had paid Srinivasan Rs one lakh by way of an interim order, it was ordered to pay the remaining medical expenses of Rs 1.1 lakh, thus amounting to a total of Rs  6.1 lakh.

As Srinivasan’s son was a minor (aged three-and-a-half  years at the time of filing the petition), Southern Railway   was directed that Rs 3.5 lakh with interest at six per cent per annum be deposited in the name of the boy in an interest-bearing fixed deposit scheme in any one of the nationalised banks. The court ordered that the remaining amount of Rs 2.6 lakh be paid with interest at six per cent per annum to Srinivasan.