Union Of India vs Prabhakaran Vijaya Kumar & Ors

The Supreme Court held that the death of Smt. Abja, a bona fide passenger, due to injuries sustained while attempting to board a moving train constitutes an 'untoward incident' under Section 123(c) of the Railways Act, 1989. The Court found that the Kerala High Court correctly interpreted the circumstances of the incident, overturning the Railway Claims Tribunal's decision which had disallowed the claim. The appeal was dismissed, affirming the High Court's award of compensation of Rs. 2 lacs with interest.