UNION OF INDIA versus RINA DEVI

Citation: [2018] 4 S.C.R. 417 · Decided: 09-05-2018 · Supreme Court of India · Bench: ADARSH KUMAR GOEL · Disposal: Disposed off

Cited by 5 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

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417
UNION OF INDIA
v.
RINA DEVI
(Civil Appeal No. 4945 of 2018)
MAY 09, 2018
[ADARSH KUMAR GOEL AND R. F.  NARIMAN, JJ.]
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 de-boarding a train –
Compensation to victim – Entitlement of – Held: Death or injury in
the course of boarding or de-boarding a train will be an ‘untoward
incident’ entitling a victim to the compensation – It would not fall
under the proviso to s. 124A merely on the plea of negligence of the
victim as a contributing factor – Concept of ‘self inflicted injury’
requires intention to inflict such injury and not mere negligence of
any particular degree.
ss. 55 and 137 – Person found dead near the railway track –
Whether a bonafide passenger for maintainability of claim for
compensation – Held: Mere presence of a body on the Railway
premises will not be conclusive to hold that injured or deceased
was a bona fide passenger for which claim for compensation could
be maintained – However, mere absence of ticket with such injured
or deceased will not negative the claim that he was a bona fide
passenger – Initial burden will be on the claimant which can be
discharged by filing an affidavit of the relevant facts and burden
will then shift on the Railways and the issue can be decided on the
facts shown or the attending circumstances.
  [2018] 4 S.C.R. 417
417
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SUPREME COURT REPORTS
[2018] 4 S.C.R.
Railway accident claim – Award of interest – Held: Interest
can be awarded from the date of accident itself when the liability of
the Railways arises upto the date of payment, without any difference
in the stages.
Disposing of the appeal, the Court
HELD : Quantum of Compensation:
1.1 The liability will accrue on the date of the accident and
the amount applicable as on that date will be the amount
recoverable but the claimant will get interest from the date of
accident till the payment at such rate as may be considered just
and fair from time to time. Rate of interest applicable in motor
accident claim cases can be held to be reasonable and fair. [Para
15.3][431-B-C]
1.2 Compensation will be payable as applicable on the date
of the accident with interest as may be considered reasonable
from time to time on the same pattern as in accident claim cases.
If the amount so calculated is less than the amount prescribed as
on the date of the award of the Tribunal, the claimant will be
entitled to higher of the two amounts. This order will not affect
the awards which have already become final and where limitation
for challenging such awards has expired, this order will not by
itself be a ground for condonation of delay. Compensation as
applicable on the date of the accident has to be given with
reasonable interest and to give effect to the mandate of beneficial
legislation, if compensation as provided on the date of award of
the Tribunal is higher than unrevised amount with interest, the
higher of the two amounts has to be given. [Para 15.4][431-E-F,
G]
Pratap Narain Singh Deo v. Srinivas Sabata (1976) 1
SCC 289 – held applicable.
Rathi Menon v. Union of India (2001) 3 SCC 714 :
[2001] 2 SCR 365 ; P. A. Narayanan v. Union of India
(1998) 9 SCC 134 ; Maghar Singh v. Jashwant Singh
(1998) 3 SCC 67 ; Thazhathe Purayil Sarabi v. Union
of India (2010) TAC 420 SC ; Mohamadi v. Union of
India (2011) ACJ 2356 ; Kalandi Charan Sahoo v.
General Manager, South-East Central Railway, Bilaspur
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Civil Appeal No.5608 of 2017 decided on 25.4.2017 ;
Union of India v. Raman Iron Foundry (1974) 2 SCC
231 ; Kesoram Industries & Cotton Mills Ltd. v. CWT
Central Calcutta [1966] 2 SCR 688 – referred to.
Application of Principle of Strict Liabillity - Concept of Self
Inflicted Injury:
2.1 Section 124 and 124A of the Railways Act, 1989 provide
that compensation is payable whether or not there has been
wrongful act, neglect or fault on the part of the railway
administration in the case of an accident or in the ca

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