Western Railway Held Liable for Gross Negligence in Borivli Station Accident
The Maharashtra State Consumer Disputes Redressal Commission has delivered a landmark verdict, holding Western Railway accountable for gross negligence in a tragic 2014 incident at Borivli station. The commission has ordered the railway authority to pay Rs 27 lakh in compensation to Hitendra Joshi, a 65-year-old former LIC agent who lost both his legs in the accident.
The Fateful Incident and Immediate Aftermath
In 2014, Hitendra Joshi was attempting to board the Suryanagri Express to return to his hometown when he slipped and fell into the dangerous gap between the platform and the tracks at Borivli station. The moving train ran over both his legs, causing catastrophic injuries that required immediate amputation above the knees. This resulted in a 90% permanent disability and ended his professional career.
The commission strongly criticized the railway's emergency response, noting that instead of providing proper medical transport, Joshi was wheeled to the hospital in a "luggage trolley" without an ambulance or accompanying medical officer. The initial hospital chosen lacked adequate trauma facilities, which the commission stated aggravated the victim's suffering.
Legal Battle and Railway's Defense
Joshi moved the consumer commission in 2015 through the Consumers Welfare Association, represented by consumer rights activist Jehangir B Gai. The complainants argued that defective infrastructure, specifically platform height that did not meet Research Designs and Standards Organisation safety specifications, caused the accident.
In his complaint, Joshi alleged that the guard and station master allowed the train to move without ensuring passenger safety. He detailed undergoing multiple surgeries and prolonged treatment at a private hospital due to infections, with accumulated medical bills exceeding Rs 20.7 lakh. Additional expenses included Rs 23 lakh estimated for ongoing rehabilitation and Rs 5.8 lakh for prosthetics.
Western Railway contested the claims vigorously, arguing that Joshi was "rash and negligent" for attempting to board a moving train despite warnings. The railway authority claimed his life was saved due to prompt action by staff present and alleged Joshi was traveling ticketless.
Commission's Findings and Verdict
The commission found Joshi had provided a valid travel ticket from Borivli to Valsad and noted that Western Railway failed to produce CCTV footage or safety reports to prove staff followed proper protocol. More significantly, the commission emphasized that "compliance with dimensional standards alone does not absolve the opposite party of its larger statutory duty to ensure safe access for passengers."
The judgment stated clearly that it is the Railway's fundamental duty to eliminate dangerous platform gaps and ensure necessary trauma infrastructure. The Rs 27 lakh compensation order reflects the severity of negligence found and the life-altering consequences suffered by the victim.
This case highlights critical issues in railway safety infrastructure and emergency response protocols that continue to affect passengers across India's vast railway network.
