Supreme Court of India · 2010-08-27
Jameela & Ors vs Union Of India
- Citation / case number
- AIR 2010 SUPREME COURT 3705
- Court
- Supreme Court of India
- Petitioner
- Jameela & Ors
- Respondent
- Union Of India
- Author
- Aftab Alam
- Bench
- R.M. Lodha, Aftab Alam
Judgment text excerpt
The Supreme Court examined the applicability of Section 124A and Section 123 of the Railways Act, 1989, in a case concerning the death of M. Hafeez, who fell from a moving train. The Court held that the Railway Claims Tribunal had correctly determined that the death was due to an 'untoward incident' as defined under Section 123, and thus the claimants were entitled to compensation. However, the Court ultimately upheld the High Court's decision that denied compensation based on the proviso to Section 124A, which excludes liability for deaths resulting from the passenger's own negligence or criminal acts.