M.Nagendiran vs Union Of India on 18 November, 2008
In a decision reported in 2008 (1) KLJ 623 (K.V.Thomas v. Union of India), a Division Bench of the Kerala High Court has held that mere negligence on the part of the bona fide passengers is not a ground to deny the compensation for untoward incident. Like Section 163A of the Motor Vehicles Act, strict liability is cast on the railway administration for payment of compensation. It is further observed that the negligence of the claimant cannot dis-entitle him from claiming compensation under Section 124A of the Act.