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august 2010

Supreme Court of India · 2010-08-27

JAMEELA vs UNION OF INDIA

Citation / case number
SC 2002/10664
Court
Supreme Court of India
Petitioner
JAMEELA
Respondent
UNION OF INDIA
Author
AFTAB ALAM
Bench
AFTAB ALAM,R.M. LODHA, , ,

Judgment text excerpt

The Supreme Court examined the applicability of Section 124A and Section 123 of the Railways Act, 1989, in determining compensation for the death of M. Hafeez, who fell from a train. The Court upheld the High Court's ruling that compensation is not payable if the death resulted from the passenger's own negligence, as per the proviso to Section 124A. The Court concluded that the deceased's actions constituted negligence, thus denying the claim for compensation beyond the statutory limit of Rs. 2,00,000 under the Railway Accident (Compensation) Rules, 1990.

JAMEELA vs UNION OF INDIA · Niyam