Supreme Court of India

Union of India v. Rina Devi

Neutral citation
Reported as [2018] 4 S.C.R. 417
Bench Adarsh Kumar Goel and R. F. Nariman JJ.
Decided 9 May 2018

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.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that death or injury in the course of boarding or de-boarding a train will be an ‘untoward incident’ entitling a victim to the compensation and will not fall under the proviso to Section 124A merely on the plea of negligence of the victim as a contributing factor.

Judgment, page 19

From the headnote

Railways Act, 1989: Railway accident claim – Compensation – Quantum of – As per the rate of compensation as on the date of applicat ion/incident or on the date of order awarding compensation – Hel d: Compensation would be payable as applicable on the dat e 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 inter est, 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

Where later benches applied it

Of those, 2 relied on · 3 referred to

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