Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Railways Act 1989 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Railways Act, 1989 (24 of 1989) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Railways Act, 1989: Railway accident claim – Compensation – Quantum of – As per the rate of compensation as on the date of application/incident or on the date of order awarding compensation – Held: Compensation would be payable as applicable on the date of the accident with interest as may be considered reasonable as in accident claim cases – If compensation provided on the date of award of the tribunal is higher than unrevised amount with interest, higher of the two amounts has to be given. s. 124A – Compensation on account of untoward incident – Death or injury in the course of boarding or de-boarding a train – Compensation to victim – Entitlement of – Held: Death or injury in the course of boarding or de-boarding a train will be an ‘untoward incident’ entitling a victim to the compensation – It would not fall under the proviso to s. 124A merely on the plea of negligence of the victim as a contributing factor – Concept of ‘self inflicted injury’ requires intention to inflict such injury and not mere negligence of any particular degree. ss. 55 and 137 – Person found dead near the railway track – Whether a bonafide passenger for maintainability of claim for compensation – Held: Mere presence of a body on the Railway premises will not be conclusive to hold that injured or deceased was a bona fide passenger for which claim for compensation could be maintained – However, mere absence of ticket with such injured or deceased will not negative the claim that he was a bona fide passenger – Initial burden will be on the claimant which can be discharged by filing an affidavit of the relevant facts and burden will then shift on the Railways and the issue can be decided on the facts shown or the attending circumstancesRailway accident claim – Award of interest – Held: Interest can be awarded from the date of accident itself when the liability of the Railways arises upto the date of payment, without any difference in the stages |
Judge | Hon'ble Mr. Justice Adarsh Kumar Goel |
Neutral Citation | 2018 INSC 469 |
Petitioner | Union Of India |
Respondent | Rina Devi |
SCR | [2018] 4 S.C.R. 417 |
Judgement Date | 2018-05-09 |
Case Number | 4945 |
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