UNION OF INDIA versus RINA DEVI

UNION OF INDIA versus RINA DEVI

Compensation for railway accident claims is payable at the rate applicable as on the date of accident, along with reasonable interest from the date of accident till date of payment; if tribunal award prescribes a higher amount, claimant is entitled to higher of the two. Death or injury during boarding or de-boarding a train is an 'untoward incident' and mere absence of ticket does not by itself defeat status as bona fide passenger—initial burden is discharged by claimant's affidavit, burden then shifts to Railways.

Parties
Appellant: Union of India; Respondent: Rina Devi; Amicus: Mukul Rohatgi
Jurisdiction
India
Judgment Date
09 May 2018
Procedural Posture
Civil Appeal / Appeal Decided by Supreme Court
Outcome
Appeal disposed of
Legal Topics
Quantum of Compensation, Definition of Passenger, Strict Liability, Self Inflicted Injury, Award of Interest
Personal Injury Tort Railway Accidents Compensation Law Quantum of Compensation Definition of Passenger Strict Liability Self Inflicted Injury +1 more

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Parties

Union of India

Appellant

Rina Devi

Respondent

Mukul Rohatgi

Amicus

Procedural Posture

Civil Appeal / Appeal Decided by Supreme Court

Legal Issues

  1. 1 Relevant date for applying rate of compensation
  2. 2 Definition and proof of passenger status
  3. 3 Applicability of concept of 'self-inflicted injury' under strict liability

Ratio Decidendi

Compensation for railway accident claims is payable at the rate applicable as on the date of accident, along with reasonable interest from the date of accident till date of payment; if tribunal award prescribes a higher amount, claimant is entitled to higher of the two. Death or injury during boarding or de-boarding a train is an 'untoward incident' and mere absence of ticket does not by itself defeat status as bona fide passenger—initial burden is discharged by claimant's affidavit, burden then shifts to Railways.

Court Disposition

Appeal disposed of

Orders

  • Quantum of compensation clarified; liability accrues on date of accident with interest; if tribunal award is higher, higher amount payable.
  • Definition of passenger clarified; initial burden of proof on claimant, can be discharged by affidavit, then shifts to Railways.