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may 2008

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.

Union Of India (Uoi) vs Prabhakaran Vijaya Kumar And Ors. · Niyam