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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Untoward Incident Despite Falling on Opposite Track. Court Holds That a Passenger Falling from a Train Due to Rush and Being Hit by Another Train Constitutes an 'Untoward Incident' Under Section 123(c) of the Railways Act, 1989.

The appeal arises from the dismissal of a compensation claim by the Railway Claims Tribunal, Mumbai, on the ground that the incident did not fall with...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Deceased a Bona Fide Passenger Despite Missing Ticket. Burden of Proof on Railways Under Section 124A of Railways Act, 1989 to Show Negligence or Exception.

The appellant, Sm. Mina w/o Punamchand Shahare, filed a claim before the Railway Claims Tribunal, Nagpur Bench, seeking compensation of Rs. 8,00,000/-...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Sets Aside Tribunal's Dismissal for Non-Prosecution. Held that the Tribunal erred in dismissing the claim application for default without considering the merits, and the matter must be restored for fresh adjudication.

The appellant, Mohd. Saber s/o Mohd. Illyas, filed a claim application before the Railway Claims Tribunal, Nagpur Bench, seeking compensation for inju...

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Bombay High Court Dismisses Railways' Appeal in Untoward Incident Death Case. Death of Passenger Due to Fall from Train Caused by Sudden Jerk Constitutes Untoward Incident Under Section 124A of Railways Act, 1989.

The case involves an appeal by the Union of India (Railways) against an award of the Railway Claims Tribunal, Nagpur Bench, in Claim Application No.16...

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Bombay High Court Dismisses Railway's Appeal, Upholds Compensation to Parents of Deceased Passenger in Untoward Incident. Deceased Presumed Bona Fide Passenger Under Section 113 of Indian Evidence Act, 1872, as Railway Failed to Rebut Presumption.

The case involves an appeal by the Union of India, represented by the General Manager of South Central Railway, against an award of the Railway Accide...

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Bombay High Court Dismisses Railway Appeal in Compensation Claim for Untoward Incident Death. Claimants' Failure to Prove Bona Fide Passenger Status Not Fatal as Railway Failed to Discharge Burden Under Section 124A of Railways Act, 1989.

The case involves an appeal by the Union of India, through the General Manager of Central Railway, challenging a judgment and award passed by the Rail...

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Bombay High Court Allows Parents' Appeal in Railway Accident Compensation Case — Holds That 'Accidental Falling' Includes Falling Due to Dizziness or Fits, Not Only Bumping Against Objects. Tribunal Erred in Narrow Interpretation of 'Accidental Falling' Under Section 124A of Railways Act, 1989.

The appellants, parents of the deceased Arvind Sanas, filed an appeal against the judgment of the Railway Claims Tribunal, Mumbai Bench, which dismiss...