Compensation Award - The Legal Chamber

Supreme Court Eases Burden of Proof for Railway Accident Victims in Landmark Ruling

24Dec

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Eases Burden of Proof for Railway Accident Victims in Landmark Ruling

In this judgment, the Supreme Court clarified the burden of proof in railway accident compensation claims under Section 124-A of the Railways Act, 1989. The Court held that the initial burden on claimants can be discharged by affidavit and verified ticket records, shifting the onus to the Railways. Mere absence of a ticket or seizure memo does not defeat a legitimate claim, as the statutory regime is a welfare-oriented, no-fault liability system based on preponderance of probabilities. Facts Of The Case: The case arose from the death of Sanjesh Kumar Yagnik on 19 May 2017. He was allegedly travelling from Indore to Ujjain by the Ranthambore Express (Train No. 12465) when, due to overcrowding, he was pushed from the moving train near Ujjain, sustaining fatal head injuries. The police regi...

Supreme Court Upholds Buyer’s Right: Builder Must Pay 18% Interest for Delay, Same Rate It Charged

The Supreme Court held that while there is no absolute rule for parity in interest rates between builders and buyers, the principle of equity and fairness may warrant it in cases of one-sided agreements and egregious conduct. The Court modified the awarded interest from 9% to 18% p.a., aligning the builder's liability for delay with the rate it charged the buyer, to serve the ends of justice. Facts Of The Case: The appellant booked a plot in the respondent's project in 2006, paying a significant advance. A Plot Buyer Agreement was executed in 2007, stipulating possession within 24 months of sanction of service plans and allowing the respondent to charge 18% p.a. interest on delayed payments by the appellant. By 2011, the appellant had paid over ₹28 lakhs. That year, the respondent invoke...

Supreme Court Orders Insurance Payout Despite FIR Delay : Justice for Victim’s Family

The Supreme Court of India overturned the High Court's decision, ruling that the delay in FIR registration and minor discrepancies in eyewitness testimony did not disprove the involvement of the offending vehicle in the accident. The Court upheld the Tribunal's compensation award, emphasizing that the insurer failed to examine the investigating officer to challenge the evidence. The judgment reinforced the principle that technicalities should not override substantive justice in motor accident claims. Facts Of The Case: The case involved a motor accident where the deceased, a school peon, died after his motorcycle collided with a speeding vehicle. His wife and three minor children filed a claim before the Motor Accidents Claims Tribunal (MACT), which awarded them compensation of ₹46,29,15...