Loco drivers are very experienced travellers who need to stand and keep alert watch on track. And they are knowing the rule of descency. They also know which side platform comes and which side is 'free to spit' even when train is moving in the platform at slow speed. It is improblable that driver could have erred like this. Even if driver did spit, it was not a 'targetted spittal'. Just a mishap. Yet driver is at fault, and IR can be sued for causing distress due to improper behaviour of driver on duty.