UNION OF INDIA versus RADHA YADAV

Citation: [2019] 1 S.C.R. 741 · Decided: 29-01-2019 · Supreme Court of India · Bench: UDAY UMESH LALIT · Disposal: Disposed off

Cited by 3 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

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UNION OF INDIA
v.
RADHA YADAV
(Civil Appeal Nos. 1265-1266 of 2019)
JANUARY 29, 2019
[UDAY UMESH LALIT AND INDIRA BANERJEE, JJ.]
Railway Accidents and Untoward Incidents (Compensation)
Rules, 1990 – Schedule to the rules – Compensation payable in
respect of death – In the instant case, the accidental death of the
deceased-victim  took place when he was travelling in a train –
Victim peeped his head out of compartment door and his head
collided with a post by the side of railway track resulting in accident
in which he lost his life – During pendency of the matter by way of
amendment, amount of compensation which was earlier at the level
of Rs.4 lakhs in case of death was raised to Rs.8 lakhs – Tribunal
held that the deceased was victim of his own act and as such no
compensation was payable – On appeal, High Court awarded
compensation of Rs.8 lakhs with interest – Special Leave Petition
was filed in the month of September 2018 i.e. after the decision in
Rina Devi in which it was held that wherever it is found that the
revised amount of applicable compensation as on the date of award
of the Tribunal is less than the prescribed amount of compensation
as on the date of accident with interest, higher of the two amounts
ought to be awarded on the principle of beneficial legislation –
Held: In view of the said decision, if the liability had arisen before
the amendment was brought in, the basic figure would be as per the
Schedule as was in existence before the amendment and on such
basic figure, reasonable rate of interest would be calculated – If
there be any difference between the amount so calculated and the
amount prescribed in the Schedule as on the date of the award, the
higher of two figures would be the measure of compensation – In
view of this, High Court was in error in awarding interest on the
sum of Rs.8 lakhs in the instant case – Matter adjourned for eight
weeks only to consider the issues regarding safety in Indian Railways.
[2019] 1 S.C.R. 741
741
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SUPREME COURT REPORTS
[2019] 1 S.C.R.
Disposing of the appeals, the Court
HELD: 1. In Rina Devi, this Court had laid down is that the
amount of compensation payable on the date of accident with
reasonable rate of interest shall first be calculated.  If the amount
so calculated is less than the amount prescribed as on the date of
the award, the claimant would be entitled to higher of these two
amounts. Therefore, if the liability had arisen before the
amendment was brought in, the basic figure would be as per the
Schedule as was in existence before the amendment and on such
basic figure reasonable rate of interest would be calculated.  If
there be any difference between the amount so calculated and
the amount prescribed in the Schedule as on the date of the award,
the higher of two figures would be the measure of compensation.
The idea is to afford the benefit of the amendment, to the extent
possible. Where the accident had occurred before the amendment,
it ought to have considered the matter in the light of the principle
laid down in Rina Devi. [Paras 10, 11][745-F-H; 746-C]
2.  The Railways must consider the matter in right earnest
and see that the concerns regarding safety are immediately
addressed.  On the request of the Additional Solicitor General
the matter was adjourned for eight weeks only to consider the
issues regarding the safety. [Para 13][746-G-H]
Union of India v. Rina Devi [2018] 4 SCR 417 – relied on.
Case Law Reference
[2018] 4 SCR 417
relied on
Para 6
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 1265-
1266 of 2019.
From the Judgment and Order dated 03.03.2017 of the  High
Court at Calcutta in F.M.A. No. 858 of 2012 and order dated 30.11.2017
in R.V.W. No. 127 of 2017.
WITH
Civil Appeal Nos. 1267-1268 of 2019.
Brijender Chahar, Sr. Adv. (Amicus Curie)
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Vikramjit Banerjee, ASG, Vikas Singh Jangra, Shashi Bhushan,.
Amit Kumar Pathak, Nachiketa Joshi, Ms. Bharti Tyagi, Sachin Sharma,
A.K. Sharma, Mrs. Anil Katiyar, Raj Bahadur Yadav, Advs. for the
appearing parties.
The Judgment of the Court was delivered by
UDAY UMESH LALIT, J. 1. Leave granted.
2. While travelling from Burdwan Railway Station to Howrah
Railway Station on 02.10.2003 in a local train one Dasarath Yadav had
peeped his head out of the compartment door and his head collided with
a post by the side of the railway track resulting in an accident where he
lost his life.  The Railway Claims Tribunal, Kolkata by its judgment and
order

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