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may 2023

Supreme Court of India · 2023-05-16

KAMUKAYI vs UNION OF INDIA

Citation / case number
SC 2022/25609
Court
Supreme Court of India
Petitioner
KAMUKAYI
Respondent
UNION OF INDIA
Author
HON'BLE MR. JUSTICE J.K. MAHESHWARI
Bench
HON'BLE MR. JUSTICE ARAVIND KUMAR HON'BLE MR. JUSTICE J.K. MAHESHWARI

Judgment text excerpt

The Supreme Court examined whether the railway authorities and the claimants established sufficient grounds for compensation in a case where the deceased fell from a moving train due to crowd and jolting, resulting in death. The High Court and Railway Claims Tribunal dismissed the claim, holding that no untoward incident or bona fide passenger status was proven. The Court analyzed the evidence and circumstances, ultimately upholding the dismissal and emphasizing the importance of proof of negligence or untoward incident for compensation claims.

KAMUKAYI vs UNION OF INDIA · Niyam