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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 died after peeking his head out of a train compartment door and colliding with a trackside post in 2003. The Railway Claims Tribunal denied compensation, finding the passenger responsible for his own accident. The High Court reversed this, applying the strict liability principle under Section 124-A of the Railways Act and awarded Rs. 8 lakhs with 9% interest. The Supreme Court clarified the correct compensation calculation: the liability accrues on the accident date at the rate then applicable, with reasonable interest added; if this total is less than the prescribed rate on the award date, the higher amount applies to benefit from amendments. The Court allowed the appeal on this legal principle but ensured the respondent received the full High Court award.

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Railway Law Compensation Strict Liability Administrative Law Accident Claims

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