In Brief
A railway passenger died when his head struck a trackside post after he negligently leaned out of a moving train compartment in October 2003. The Railway Claims Tribunal denied compensation as the death resulted from the passenger's own reckless act. The High Court reversed this, holding strict liability applies under section 124-A of the Railways Act. The Supreme Court affirmed strict liability but clarified the compensation formula: using the original amount prescribed when the accident occurred (Rs. 4 lakhs then), plus reasonable interest from that date. If this total is less than the revised amount prescribed by the time of award (Rs. 8 lakhs), the claimant receives the higher amount. The respondent kept her awarded sum.
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