Supreme Court of India · 2008-05-05
UNION OF INDIA vs PRABHAKARAN VIJAYAKUMAR .
- Citation / case number
- SC 2002/7722
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- PRABHAKARAN VIJAYAKUMAR .
- Author
- REPORTABLE MARKANDEY KATJU
- Bench
- H. K. SEMA & MARKANDEY KATJU
Judgment text excerpt
The Supreme Court held that the incident involving Smt. Abja, who died after falling from a moving train, qualifies as an 'untoward incident' under Section 123(c) of the Railways Act, 1989. The Court found that the evidence of PW-2 and corroborating witness DW-1 established that the deceased was a bona fide passenger and her injuries were sustained while attempting to board the train. The Court upheld the Kerala High Court's decision to grant compensation, thereby reversing the Tribunal's ruling that denied the claim.