Supreme Court of India

Union of India v. Prabhakaran Vijaya Kumar & Ors.

Neutral citation

Reported as [2008] 7 S.C.R. 673

Bench H.K. Sema and Markandey Kat Ju JJ.

Decided 5 May 2008

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

10 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above, we are of the opinion that the F submission of learned counsel for the appellant there was no fault on the part of the Railways, or that there was contributory negligence, is based on a total misconception and hence has to be rejected.

Judgment, page 22

From the headnote

Railways Act, 1989 - SS. 124( ) and 123(c) - Compensation on account of 'untoward incident' - Claim of - Bonafide passenger fell on to railway track when trying to get c into the moving train and run over by train - Held: Comes within expression 'accidental falling of a passenger from a train carrying passengers', hence an 'untoward incident' - Instant case is covered bys. 124A - It cannot be said that there was no fault on part of Railways or that there was contributory negligence - Thus, order of High Court granting compensation ...; upheld - Interpretation of statutes . Interpretation of

Authorities it was built on

2003 S.M. Nilajkar and Ors. v. Telecom District Manager, Karnataka cited by 13

Where later benches applied it

2019 K. H. Nazar v. Mathew K. Jacob & Ors. relied on
2011 The Executive Engineer and Anr. v. M/s Sri Seetaram Rice Mill relied on
2026 Milind S/o Ashruba Dhanve v. The State of Maharashtra referred to
2023 Commanding Officer, Railway Protection Special Force, Mumbai v. Bhavnaben Dinshbhai Bhabhor & Others referred to
2017 Ms. Eera through Dr. Manjula Krippendorf v. State (govt. of Nct of Delhi) & Anr. referred to
2014 Sanjay Gupta & Ors. v. State of Uttar Pradesh & Ors. referred to
2025 Urmila Dixit v. Sunil Sharan Dixit and Ors. mentioned
2022 Gujarat State Civil Supplies Corporation Ltd. v. Mahakali Foods Pvt. Ltd. (unit 2) & Anr mentioned
2018 Union of India v. Rina Devi mentioned
2009 Tahazhathe Purayil Sarabi & Ors. v. Union of India & Anr. mentioned

Of those, 2 relied on · 4 referred to · 4 mentioned

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