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january 2019

Supreme Court of India · 2019-01-29

Union Of India vs Radha Yadav

Citation / case number
AIR 2019 SUPREME COURT 1410
Court
Supreme Court of India
Petitioner
Union Of India
Respondent
Radha Yadav
Author
Uday Umesh Lalit
Bench
Indira Banerjee, Uday Umesh Lalit

Judgment text excerpt

The Supreme Court held that under Section 124-A of the Railways Act, 1989, the principle of strict liability applies, entitling the widow of the deceased to compensation despite the deceased's contributory negligence. The Court affirmed the High Court's decision to award Rs. 8,00,000 as compensation with interest at 9% per annum, emphasizing that compensation should be based on the amount applicable at the time of the accident. The ruling clarified that the claimant is entitled to interest from the date of the accident until payment, aligning with principles established in prior cases.

Union Of India vs Radha Yadav · Niyam