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.