Supreme Court of India
Union of India v. Rina Devi
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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 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…
Authorities it was built on
- 1975 Pratap Narain Singh Deo v. Srinivas Sabata and Anr.
- 2008 Union of India v. Prabhakaran Vijaya Kumar & Ors.
- 1999 Kerala State Electricity Board and Anr. v. Valsala K. and Anr. Etc. Etc.
- 2009 Tahazhathe Purayil Sarabi & Ors. v. Union of India & Anr.
- 1958 Mahant Ramdhan Puri v. Bankey Bihari Saran & Others
- 1965 Kesoram Industries & Cotton Mills Ltd. v. Commissioner of Wealth Tax, (central) Calcutta
- 2001 Rathi Menon v. Union of India
- 2010 Jameela and Ors. v. Union of India
Where later benches applied it
- 2023 Kamukayi & Ors. v. Union of India and Ors.
- 2019 Union of India v. Radha Yadav
- 2025 Rajni and Another v. Union of India and Another
- 2024 Doli Rani Saha v. Union of India
- 2020 K Sivaraman & Ors. v. P Sathishkumar & Anr.
Of those, 2 relied on · 3 referred to
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