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1 - 10 of 10 (1.17 seconds)The Railways Act, 1989
Union Of India vs Rina Devi on 9 May, 2018
"11. The issue raised in the matter does not
really require any elaboration as in our view,
the judgment of this Court in Rina Devi7 is
very clear. What this Court has laid down is
that the amount of compensation payable on
the date of accident with reasonable rate of
interest shall first be calculated. If the
5
(2023) 19 SCC 116
6
Union of India V. Radha Yadav, (2019) 3 SCC 410
7
Union of India V. Rina Devi, (2019) 3 SCC 572
Kamukayi vs Union Of India on 16 May, 2023
10. The Hon'ble Supreme Court in the case of
KAMUKAYI AND OTHERS vs. UNION OF INDIA AND
OTHERS5 has observed at paragraph No.22, which reads
as follows:
Union Of India vs Radha Yadav on 29 January, 2019
"11. The issue raised in the matter does not
really require any elaboration as in our view,
the judgment of this Court in Rina Devi7 is
very clear. What this Court has laid down is
that the amount of compensation payable on
the date of accident with reasonable rate of
interest shall first be calculated. If the
5
(2023) 19 SCC 116
6
Union of India V. Radha Yadav, (2019) 3 SCC 410
7
Union of India V. Rina Devi, (2019) 3 SCC 572
United India Ins.Co.Ltd vs Sunil Kumar & Anr on 29 October, 2013
16.6. We are unable to uphold the above view as the
concept of 'self inflicted injury' would require intention to inflict
such injury and not mere negligence of any particular degree.
Doing so would amount to invoking the principle of contributory
-9-
NC: 2025:KHC:33315
MFA No. 5762 of 2022
HC-KAR
negligence which cannot be done in the case of liability based
on 'no fault theory'. We may in this connection refer to
judgment of this Court in United India Insurance Co. Ltd. v.
Sunil Kumar 2017 (13) SCALE 652 : (AIR 2017 SC 5710) laying
down that plea of negligence of the victim cannot be allowed in
claim based on 'no fault theory' under Section 163A of the
Motor Vehicles Act, 1988. Accordingly, we hold that death or
injury in the course of boarding or de-boarding a train will be an
'untoward incident' entitling a victim to the compensation and
will not fall under the proviso to Section 124A merely on the
plea of negligence of the victim as a contributing factor."
Section 124 in The Railways Act, 1989 [Entire Act]
The Motor Vehicles Act, 1988
Doli Rani Saha vs Union Of India on 13 April, 2023
4. The Hon'ble Apex Court in the case of DOLI
RANI SAHA VS. UNION OF INDIA1 in paragraph No.13
has held as under:
Sri Mahaboob Sab vs Union Of India on 7 July, 2010
5. The judgment of this Court in the case of
MAHABOOB SAB & ANOTHER VS. UNION OF INDIA2
in paragraphs No.12 & 17 has held as under:
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