VidhiSangh

Supreme Court of India · 09/05/2018

UNION OF INDIA versus RINA DEVI

[2018] 4 S.C.R. 417 · 2018 INSC 469

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Summary

The Supreme Court clarified compensation for railway accidents and untoward incidents while leaving the respondent’s existing award undisturbed. Compensation is the higher of the accident-date prescribed amount with reasonable interest and the amount prescribed on the Tribunal’s award date. Mere passenger negligence is not intentional self-inflicted injury. A claimant bears the initial burden of showing bona fide passenger status, which may be discharged by an affidavit of relevant facts despite loss of the ticket. Reasonable interest may run from accident to payment.

Issues

  1. Which prescribed compensation rate applies when rates change between the accident and the award.
  2. Whether negligence while boarding or alighting excludes no-fault compensation as self-inflicted injury.
  3. How bona fide passenger status is proved when no ticket is recovered.
  4. From which date and at what rate interest may be awarded.

Provisions considered

Held

Result

Appeal disposed of with clarification of compensation, no-fault liability, evidentiary burden and interest. The respondent’s existing award was left undisturbed.

Judgment PDF: Supreme Court of India, [2018] 4 S.C.R. 417.