Supreme Court of India · 2008-05-05
Union Of India (Uoi) vs Prabhakaran Vijaya Kumar And Ors.
- Court
- Supreme Court of India
- Petitioner
- Union Of India (Uoi)
- Respondent
- Prabhakaran Vijaya Kumar And Ors.
- Author
- Markandey Katju
- Bench
- H.K. Sema, Markandey Katju
Judgment text excerpt
The Supreme Court held that the definition of 'untoward incident' under Section 123(c) of the Railways Act, 1989 includes injuries sustained by a passenger attempting to board a moving train. The Court found that the Kerala High Court correctly interpreted the circumstances of the case, establishing that the deceased's fall constituted an 'accidental falling of a passenger from a train carrying passengers'. Consequently, the appeal was dismissed, affirming the High Court's decision to grant compensation.