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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Deceased a Bonafide Passenger Despite Absence of Ticket. Presumption of Bonafide Passenger Status Under Section 124A of Railways Act, 1989 Applies When Body Found Near Railway Tracks and No Evidence of Trespassing.

The appeal was filed by the legal heirs of the deceased, Vijay Gondake, challenging the order of the Railway Claims Tribunal, Mumbai, dated 31st Janua...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Untoward Incident Despite Missing Ticket. Held that failure to recover ticket does not negate bona fide passenger status when other evidence establishes valid purchase.

The appellants, being the wife and children of the deceased Ruprao Barde, filed a claim for compensation before the Railway Claims Tribunal, Nagpur, a...

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High Court of Bombay Allows Appeal in Railway Accident Claim Case — Death of Passenger Due to Accidental Fall from Train. Claimants Entitled to Compensation Under Section 124A of the Railways Act, 1989 as Deceased Was a Bona Fide Passenger and Death Occurred in a Railway Accident.

The present appeal was filed by the original applicants, Nagorao s/o Gangaram Kamble and Sow. Vithabai w/o Nagorao Kamble, challenging the judgment an...

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High Court of Bombay Allows Appeal in Railway Accident Case — Vendor Without License Entitled to Compensation. Burden of Proof Shifts to Railway to Disprove Untoward Incident Under Section 124A of Railways Act, 1989.

The appellant, Vilash s/o Rajendra Meshram, filed a claim petition before the Railway Claims Tribunal, Nagpur, seeking compensation for injuries susta...

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High Court Dismisses Railway Appeal and Upholds Compensation for Accidental Fall from Train. Strict Liability Under Section 124A of Railways Act Applies, Even Without Proof of Railway's Fault, Where Ticket Found on Deceased.

The appeal arose from the judgment and order of the Railways Claims Tribunal, Nagpur Bench, which awarded compensation of Rs. 4,00,000 to the dependen...