Railways on Thursday justified its statement that Thane resident Bhavika Mehta could have avoided the accident, in which she lost her leg while chasing a thief in a train in which she was travelling in 2012, saying it had been made in good faith and that there was no other intention. Railways added that it sympathised with Mehta.
A division bench of justices Abhay Oka and AS Gadkari however, said: "If you (railways) are taking such a stand, then we will have to deal with it."
Railways reiterated that the accident could have been avoided.
Railways had made the statement while opposing a petition filed by Mehta seeking compensation for medical expenses she had incurred after the accident.
The court directed Mehta, represented through advocate Uday Warunjikar, to submit a compliance of the bills and the demands she had made.
On the last occasion it heard the case, the court had rapped railways for taking such a stand. It had said: "Instead of commending her for her brave act, you (railways) are blaming her for trying to fight back a thief on board a train. Are you saying citizens of India should give into the demands of robbers and thieves?"
Mehta was travelling from Amritsar to Mumbai Central in 2012 when she was robbed by a thief on board. When she tried to chase him, the accused pulled her out of the running train, and because of the injuries she had suffered, her leg had to be amputated.
And since she was not able to get medical aid from any nearby railway/civil hospital, she got herself admitted to a private hospital in Chandigarh, and later claimed a compensation of Rs 9 lakh. This was granted. But later she required Rs 5 lakh to fit a prosthetic leg. But railways did not pay this.
Counsel for railways said: "Railway is liable to pay compensation only if it's proved that there was negligence on its part."
The bench will hear the case next on November 27.
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