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Bombay High Court Allows Appeal in Railway Accident Compensation Case — Deemed Deceased a Bonafide Passenger. Untoward Incident Under Section 124A of Railways Act, 1989 Established Despite Lack of Formal DRM Report.

The appellants, parents of the deceased Jaideep Tambe, filed a claim before the Railway Claims Tribunal seeking compensation for his death. They alleg...

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Bombay High Court Allows Appeal in Motor Accident Claim — Sets Aside Ex-Parte Decree Due to Invalid Service of Summons. Service by affixture without prior attempt at personal service held invalid under Order V Rule 17 CPC, and ex-parte decree set aside under Order IX Rule 13 CPC.

The appellant, M/s Arjun Travels, a sole proprietorship concern, was the owner of a vehicle involved in a motor accident. The respondents, being the l...

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Bombay High Court Allows Appeal in Railway Accident Case — Deceased's Fall While Alighting Train at Non-Stoppage Station Held to be Untoward Incident Under Section 123(c) of Railways Act, 1989. Negligence of Deceased Not a Defense Under Section 124A; Legal Heirs Entitled to Compensation.

The appeal arises from the rejection of a claim petition by the Railway Claims Tribunal, Nagpur, in Case No. OA(IIu)NGP/2013/0331. The deceased, Arjun...

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High Court Enhances Compensation for Assistant Professor with Permanent Disability in Motor Accident. Loss of Earning Capacity and Future Prospects Considered Under Motor Vehicles Act, 1988.

The appellant, Deepali, an assistant professor aged 33, filed a claim petition before the Motor Accident Claims Tribunal, Aurangabad, seeking compensa...

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High Court of Bombay at Nagpur Dismisses MSRTC Appeal in Motor Accident Claim — Upholds Tribunal's Compensation Award for Death of Motorcyclist. Negligence of Bus Driver Established as Primary Cause of Accident, Not Contributory Negligence of Deceased.

The appellant, the Controller of Maharashtra State Road Transport Corporation (MSRTC), filed an appeal against the judgment and award dated 17/01/2012...

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Bombay High Court Dismisses Railway Appeal in Passenger Death Case. Railway Administration Held Liable for Compensation Under Railways Act, 1989 for Death of Passenger Who Fell from Train.

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

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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation from Rs. 3,36,000 to Rs. 6,21,000. Multiplier of 18 applied for deceased aged 26 years, contributory negligence set aside, and conventional heads enhanced under Motor Vehicles Act, 1988.

The appeal arises from a judgment and award dated 11.10.2011 of the Motor Accident Claims Tribunal, Amravati, in Claim Petition No. 221/06. The appell...