NDLI: Union of India Vs. Radha Yadav

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1990 Compensation payable in respect of death Railway Accidents and Untoward Incidents (Compensation) Rules
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 – Schedule to the rules – Compensation payable in respect of death – In the instant case, the accidental death of the deceased-victim took place when he was travelling in a train – Victim peeped his head out of compartment door and his head collided with a post by the side of railway track resulting in accident in which he lost his life – During pendency of the matter by way of amendment, amount of compensation which was earlier at the level of Rs.4 lakhs in case of death was raised to Rs.8 lakhs – Tribunal held that the deceased was victim of his own act and as such no compensation was payable – On appeal, High Court awarded compensation of Rs.8 lakhs with interest – Special Leave Petition was filed in the month of September 2018 i.e. after the decision in Rina Devi in which it was held that wherever it is found that the revised amount of applicable compensation as on the date of award of the Tribunal is less than the prescribed amount of compensation as on the date of accident with interest, higher of the two amounts ought to be awarded on the principle of beneficial legislation – Held: In view of the said decision, if the liability had arisen before the amendment was brought in, the basic figure would be as per the Schedule as was in existence before the amendment and on such basic figure, reasonable rate of interest would be calculated – If there be any difference between the amount so calculated and the amount prescribed in the Schedule as on the date of the award, the higher of two figures would be the measure of compensation – In view of this, High Court was in error in awarding interest on the sum of Rs.8 lakhs in the instant case – Matter adjourned for eight weeks only to consider the issues regarding safety in Indian Railways.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2019 INSC 109
Petitioner	Union Of India
Respondent	Radha Yadav
SCR	[2019] 1 S.C.R. 741
Judgement Date	2019-01-29
Case Number	1265

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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