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1 - 9 of 9 (0.43 seconds)The Railways Act, 1989
B.D. Shetty And Others vs M/S. Ceat Ltd. And Another on 30 October, 2001
11. No doubt, it is possible that two interpretations can be given to the
expression 'accidental falling of a passenger from a train carrying
passengers', the first being that it only applies when a person has actually
got inside the train and thereafter falls down from the train, while the
second being that it includes a situation where a person is trying to board
the train and falls down while trying to do so. Since the provision for
compensation in the Railways Act is a beneficial piece of legislation, in
our opinion, it should receive a liberal and wider interpretation and not a
narrow and technical one. Hence in our opinion the latter of the
abovementioned two interpretations i.e. the one which advances the
FAO No.274/2012 Page 7 of 10
object of the statute and serves its purpose should be preferred
vide Kunal Singh v.Union of India :(2003)IILLJ735SC, B.D.
Shetty v. CEAT Ltd. : (2001)IILLJ1552SC , Transport Corporation of
India v. ESI Corporation : (2000)ILLJ1SC.
Alembic Chemical Works Co., Ltd vs The Workmen on 15 December, 1960
In other words,
beneficial or welfare statutes should be given a liberal and not literal or
strict interpretation vide Alembic Chemical Works Co. Ltd. v. The
Workmen : (1961)ILLJ328SC , Jeewanlal Ltd. v. Appellate Authority :
Jameela & Ors vs Union Of India on 27 August, 2010
6. I am indeed perplexed at the findings of the Railway Claims
Tribunal in the present case inasmuch as Railway Claims Tribunal would be
every day dealing with the judgments of the Supreme Court in the cases of
Jameela & Ors. Vs. Union of India (2010) 12 SCC 443 and Union of India
Vs. Prabhakaran Vijaya Kumar and Ors. (2008) 9 SCC 527 which hold
that even if a person is negligent yet compensation has to be awarded.
Lalappa Lingappa & Ors vs Laxmi Vishnu Textile Mills Ltd., ... on 11 February, 1981
(1984)IILLJ464SC , Lalappa Lingappa and Ors. v. Laxmi Vishnu Textile
Mills Ltd. : (1981)ILLJ308SC , S.M. Nilajkarv. Telecom Distt.
Section 23 in The Railway Claims Tribunal Act, 1987 [Entire Act]
Jeewanlal (1929) Ltd.Etc. Etc vs The Appellate Authority Under The ... on 29 August, 1984
In other words,
beneficial or welfare statutes should be given a liberal and not literal or
strict interpretation vide Alembic Chemical Works Co. Ltd. v. The
Workmen : (1961)ILLJ328SC , Jeewanlal Ltd. v. Appellate Authority :
Union Of India vs Prabhakaran Vijaya Kumar & Ors on 5 May, 2008
The Tribunal has unfortunately not dealt
with the ratio of the judgment in the case of Prabhakaran Vijaya Kumar
(supra) and has denied compensation on the ground that there is no falling
from 'a train carrying passengers'.
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