Mumbai: The Maharashtra State Consumer Commission has held Western Railway responsible for an incident that took place in 2014 at Borivali station and has ordered the Western Railway to pay ₹27 lakh as compensation
to a now 65-year-old LIC agent, who lost both his legs after falling into a wide gap between the train and the platform and was wheeled to the hospital in a luggage trolley instead of an ambulance. The state commissioner stated that it is the Railway’s responsibility to eliminate dangerous gaps and ensure the necessary trauma infrastructure is available during emergencies like this.
In 2014, Hitendra Joshi was to return to his hometown and in an attempt to board the Suryanagri Express from Borivali station, he slipped and fell into the huge gaps between the train and the railway station. The moving train ran over both his legs, and he was then taken to the hospital in a luggage trolley. The injury led to him having to amputate both his legs above the knees, leaving him 90% with a permanent disability.
Joshi underwent multiple surgeries and prolonged treatment at a private hospital after developing infections. His medical expenses crossed ₹20.7 lakh, with an additional ₹23 lakh estimated for continued rehabilitation. Another ₹5.8 lakh was projected towards the cost of prosthetic limbs.
The Maharashtra State Consumer Disputes Redressal Commission said, "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," reported The Times of India.
Joshi approached the commission in 2015 through the Consumers Welfare Association and was represented by consumer rights activist Jehangir B Gai. The complainants said the accident occurred due to faulty railway infrastructure, pointing at platform height, claiming they did not meet the safety standards prescribed by the Research Designs and Standards Organisation (RDSO).
Joshi claimed that the guard and station master permitted the train to depart without ensuring passenger safety. Western Railway counterargued, stating that Joshi acted in a “rash and negligent” manner by attempting to board a moving train and that his life was saved because the staff quickly took action. Furthermore, they alleged that he was travelling without a valid ticket.
The commission rejected these arguments, noting that official records confirmed Joshi had a valid ticket to travel from Borivali to Valsad. It also pointed out that the Railways failed to submit CCTV footage or safety audit reports to show that standard procedures were followed. The commission ruled that simply meeting dimensional norms does not relieve the Railways of their wider legal responsibility to ensure passenger safety.
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