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august 2010

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.

Jameela & Ors vs Union Of India · Niyam