HIGH COURT , BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO.2405 OF 2001

Dr.Mehta Sarosh N.                                                                                                                       Petitioner
Versus

The General Manager, Central
Railway And ors                                                                                                                           Respondents

Mr.J.P.Cama, instructed by M/s.Sanjay Udeshi & Co. for the petitioner
Mr V.A.Thorat, Advocate General, for the State of Maharashtra.
Mr S.C.Dhavan for respondent No.1
Mr B.A.Desai, Additional Solicitor General with Mr Suresh Kumar for respondent No.2
Mr Merlin Monteiro for the applicant
Mr.Nitin Vatkar instructed by V.V.Khemka for intervenor.


With

Writ Petition No.1048 of 2002

Gopal Yagnik and Ors                                                                                                                       Petitioners
Versus

The General Manager, Central
Railway and Ors                                                                                                                              Respondents

Mr J.K.Mistry with Mr Bhavesh Kumar for the petitioners. Mr S.C.Dhawan for respondent No.1
Mr B.A.Desai, Additional Solicitor General, with Mr Suresh
Kumar for respondent No.2.
Mr Merlin Monteiro for the applicant.
Mr.Nitin Vatkar instructed by V.V.Khemka for intervenor.

With

Writ Petitioner No.1048 of 2002


Gopal Yagnik and Ors                                                                                                                       Petitioners
Versus

The General Manager, Central
Railway and Ors                                                                                                                             Respondents

Mr.J.K.Mistry with Mr.Bhavesh Kumar for the petitioners
Mr S.C.Dhawan for respondent No.1
Mr.B.A.Desai Additional Solicitor General, with Mr.Suresh Kumar for respondent No.2
Mr.V.A.Thorat, Advocate General, for the State of Maharashtra.


With

Writ Petitioner No.1092 of 1995

Deepak Gandhi                                                                                                                                           Petitioner
Versus

Union of India and Ors                                                                                                                            Respondents

Mr J.V.dave for the petitioner
Mr B.A.Desai, Additional Solicitor General, with Mr.Suresh Kumar for respondent No.5.

                                                                              CORAM : DALVEER BHANDARI C.J. &
                                                                              DR.D.Y.CHANDRACHUD.J.

                                                                              DATE : OCTOBER 06, 2004.

P.C.

An orthopedic surgeon practicing in Mumbai has filed the first petition. On the basis of information received from the Railway Police Commissioner the petitioner has furnished the following statistics of deaths which had taken place and during the period 1996-2001.

Year Deaths recorded Injuries recorded Total Incidents Percent Fatality
1996 2412 2977 5389 44.75%
1997 2285 3019 5304 43.08%
1998 2401 3064 5465 43.93%
1999 2932 3648 6580 44.56%
2000 3065 2078 5143 59.60%
2001 (upto 30/4) 1047 909    

    (xiii) Platform height should be raised. Wherever necessary, gap between the footboard of the train and platform edge should be checked on the entrance while entering in the Station.

3.All parties have suggested following plan of action for Station Masters and Government Railway Police. On the basis of these suggestions, we direct that :-

    (i) Help line number to be displayed in all coaches and all stations.
    (ii) On receipt of information about accident, the following action :
    a)    If an accident takes place in between the Stations, information to be sent to the Control Room about the accident ;
    b)    After locating of the accident site, the Control Room should inform to the concerned Station Master and he should make announcement for hammal/porters, GRP and call ambulance/taxi.
    c)    As soon as the announcement is heard, hammals and GRP should rush to the Station Manager's office, taking the stretcher from the office, go to the accident site by the fastest mode available i.e, By train or by walking to reach the accident site at the earliest ;
    d)    After lifting the victim, the victim is to be brought by train or through the passing train/ ambulance/taxi to the station.
    e)    Meanwhile, the ambulance/taxi will be kept ready at the Station so that the victim is immediately shifted to the nearest hospital, whether private or government.
    f)    Simultaneously care will be taken to stop the bleeding by the trained person of railway/GRP.
    g) All the possible efforts will be made to inform the relatives of victims about the accident immediately by GRP/Station Master.
    h)    The complete data of the accident be made available in the control room.
    i)    The available data of the accident will be kept before the coordinating Committee to take necessary steps to suggest measures for the improvement and better dealing the accidents.
    j)    Every accident victim should be shifted immediately.
    k)    If the name of the victim is known, then the name should be announced on the public announcement system.

4. It is made clear that the Commissioner of Police, Greater Mumbai, shall issue necessary directions to the local Police Stations to co-operate with the Station Masters of Railways in rendering assistance to such railway accident victims, both by way of physical assistance when necessary and crowd control.
5. It is made clear that removal of a railway accident victim to the hospital for medical assistance, the requirement of panchanama shall not be a condition precedent. Any private doctor on site may render emergency assistance without being summoned to the Police Station or otherwise for procedural formalities.
6. This order shall apply to all accident victims, irrespective of whether or not a ticket or pass is found with them at the time of the accident.
7. The entire purpose of the exercise is that the victim gets immediate medical help within the period of one hour (Golden Hour) from the point of accident.
8. We direct all concerned authorities to fully co.operate to carry out the aforesaid directions.
9. We direct that all the aforesaid directions be made applicable forthwith.
10. List these petitions for further hearing on 4th November 2004.

                                                                                                                         CHIEF JUSTICE.

2. On this petition, this court issued, show cause notice to the respondents. The Cout requested Mr.V.A.Thorat, Advocate General, and Mr.B.A.Desai, Additional Solicitor General, to appear and assist this court on behalf of State of Maharashtra and Railways respectively. In pursuance of the request of the court, all the parties have met in the Chamber of the learned Advocate General and they have agreed to take some measures by which the number of accidents can be reduced, if not eliminated altogether, and accident victims can be provided immediate medical help. On the basis of suggestions, we give following directions.

    (i)     The Railways shall notify an emergency telephone number and shall widely publicize the same in all compartments, stations and other public places. The calls made to the said number shall be monitored by a special cell situated in the control room which shall be open for 24 hours. The personnel of such cell shall immediately contact nearest Station master/s at the place of the accident. Such cell shall maintain records of the calls received as well as follow up reports.
    (ii)    Free parking for an ambulance outside all stations to be provided by Railways and the State Government wherever parking is available.
    (iii)    The ambulance/taxi should be called by the Station Master or his representative.
    (iv)    Sanction of funds for (a) Hammals/Porters and (b) Ambulance/taxi for transporting the victim from the accident spot to the hospital and if shifting of victim to the other hospital as required.
    (v)    Immediate shifting of accident victim to nearest hospital (Private or Government). The list of the ambulance services and the hospitals submitted by Mr.J.P.Cama, learned counsel for the petitioner, shall be made available to all the Station Masters.
    (vi)    Minimum Two light weight folding or collapsible stretches in all Stations and they are to be cleaned after every use. One rechargeable torch on every station, disposable sterilized hand gloves and first aid box at each station.
    (vii)    Printed format of Memo of reporting accident by Station Master to the Government Railway Police.
    (viii)   Walkie Talkie in all trains in Central Railway till Train Management System is introduced.
    (ix)    A Committee consisting of Divisional Medical Officers of each Railway,Dean of Municipal Hospital and Additional Commissioner of Police should monitor that the guidelines are being followed. One doctor nominated by Association of Medical Consultants be also included in the Committee. Committee will also hear the complaints. The Committee should submit its six monthly report to the General Manager of each Railways. The Committee should meet at least one in two months.

    All concerned persons would be at liberty to file or lodge complaints before the Committee for preventive measures and those complaints shall be locked into by the Committee as expeditiously as possible.

    (x)    The Railways undertake that in order to prevent accidents, a boundary wall on both sides of the track wherever possible would be erected and existing walls be repaired.
    (xi)    Fencing in between two platforms shall be carried out as expeditiously as possible.
    (xii)   Every Station should have foot overbridge. Efforts should be made to keep them clean and free from hawkers and beggars.