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Search Results for "railway negligence"

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High Court

Madras High Court Partially Allows Insurance Company's Appeal and Dismisses Claimants' Cross-Objection in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Lack of Proof of Income. The court upheld the Tribunal's finding of 50% contributory negligence but reduced the notional income and set aside future prospects, resulting in a reduced award of Rs. 13,76,000/-.

5 Feb 2026

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, a 55-year-old vegetable vendor, who died in a...

Supreme Court

Supreme Court Allows Compensation Claim for Deceased Passenger in Railways Act Case — Bona Fide Passenger Status Established Despite Missing Ticket. The Court held that circumstantial evidence, including police inquest report and witness testimony, can prove passenger status under Section 124A of the Railways Act, 1989.

1 Jan 2026

The appellant, Lata, wife of the deceased Chandrakant Thakkar, filed a claim for compensation under the Railways Act, 1989 after her husband fell from...

Supreme Court

Supreme Court Dismisses Appeal in Railway Goods Shortage Claim — Transshipment Tally Entries Show Overloading, Not Shortage. The appellant failed to prove shortage of 1,742 bags of salt as transshipment tallies indicated overloading in several wagons, negating the claim under Sections 73 and 74 of the Railways Act, 1989.

1 Jan 2026

The appellant, M/S Bajaj Trading Company, entrusted 40,444 bags of salt to the respondent railway authorities for transport from Chirai Junction, Guja...

Supreme Court

Supreme Court Upholds Compensation Award in Medical Negligence Case Under Consumer Protection Act, 1986. The Court found deficiency in service due to inadequate post-operative monitoring and delayed intervention in treating a patient with aortic aneurysm, leading to death and warranting compensation.

30 Nov 2021

The dispute arose from a complaint filed by the legal heirs of a deceased patient, Dinesh Jaiswal, against Bombay Hospital & Medical Research Centre a...

Supreme Court

Supreme Court Upholds Hotel Liability for Theft of Guest's Car from Valet Parking Under Bailment and Infra Hospitium Principles. Insurer as Subrogee Can Maintain Consumer Complaint as Co-Complainant.

14 Nov 2019

The appeal arose from a consumer complaint filed by the insurer (United India Insurance Company Ltd.) and the car owner (Respondent No. 2) against the...

Supreme Court

Supreme Court Upholds Hotel Liability for Theft of Guest's Car from Valet Parking Under Bailment and Infra Hospitium Principles. Insurer as Subrogee Can File Consumer Complaint Jointly with Assured.

9 Aug 2019

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission dismissing the hotel's appeal against an order of the State Co...

High Court

High Court of Bombay Enhances Compensation in Motor Accident Claim — Deceased was 30-year-old earning Rs.6,000 per month; Tribunal's assessment of income and multiplier modified.

5 Oct 2018

The appellants, original claimants in Motor Accident Claim Petition No.26 of 2011, filed an appeal against the judgment and award dated 23.10.2012 pas...

High Court

Bombay High Court Allows MSEB's Appeal and Dismisses Railway's Appeal in Goods Damage Claim — Railway Administration Held Liable for Negligence in Transit. Carrier's Duty of Care Under Section 72 of Railways Act, 1989 Requires Proof of Reasonable Care; Failure to Provide Open Wagon Cover or Proper Handling Constitutes Negligence.

8 May 2014

The case involves two cross-appeals arising from a common judgment of the Railway Claims Tribunal, Nagpur, concerning damage to a consignment of elect...

High Court

Bombay High Court Allows Appeal in Railway Accident Compensation Case — Deemed 'Passenger' Under Railways Act Despite Free Pass. Free travel pass issued by Railway Recruitment Board constitutes valid ticket for 'untoward incident' compensation under Section 124A of Railways Act, 1989.

5 Jul 2010

The appellant, Smt. Vaishali wd/o Nitesh Bhalerao, filed a claim for compensation of Rs. 7 lakhs before the Railway Claims Tribunal, Nagpur Bench, fol...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Negligence of Driver Proved, No Contributory Negligence by Deceased. Deceased was a pillion rider on motorcycle hit by truck; court held that mere presence of pillion rider on motorcycle does not imply contributory negligence.

30 Nov -0001

The case arises from a motor accident claim filed by the appellants, who are the legal heirs of the deceased pillion rider. The deceased was riding as...

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