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Supreme Court of India 2019-01-29 allowed

Union of India vs Radha Yadav

Bench: 2 — Uday Umesh Lalit

In Brief

A railway passenger fatally injured himself by extending his head out of a moving train compartment, resulting in collision with a trackside post. The Railway Claims Tribunal denied compensation, finding the deceased at fault. The High Court awarded Rs. 8 lakhs with interest under the strict liability principle of Section 124-A. The Supreme Court clarified the correct methodology: compensation accrues on the accident date per the applicable prescribed rate, with interest added at a reasonable rate. If the amended (higher) compensation rate applies, the claimant gets the benefit of whichever calculation yields a higher amount, ensuring the respondent was not disadvantaged.

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Railway Law Personal Injury and Death Compensation Strict Liability Interest on Compensation Statutory Compensation Rules

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