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Search Results for "railways act"

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High Court

Bombay High Court Allows Appeal in Railway Accident Compensation Case — Deemed Deceased a Bona Fide Passenger Despite Missing Ticket. Court holds that absence of ticket on body does not negate bona fide passenger status if other evidence shows purchase of ticket, and that fall from train due to crowd constitutes an untoward incident under Section 124A of the Railways Act, 1989.

17 Mar 2023

The appellants, parents of the deceased Susanta Roy, filed a claim for compensation under the Railways Act, 1989, alleging that their son died on 2 Ja...

High Court

Bombay High Court Allows Appeal in Railway Accident Compensation Case — Appellant Held to be Bona Fide Passenger Entitled to Compensation for Injuries from Fall from Train Due to Rush. The Court set aside the Railway Claims Tribunal's rejection of compensation, finding that the appellant's fall from a crowded local train constituted an 'untoward incident' under Section 123(c) of the Railways Act, 1989, and that the appellant was a bona fide passenger holding a valid ticket.

24 May 2022

The appellant, Harish Chandra Damodar Gaikwad, filed a claim under Section 16 of the Railway Claims Tribunal Act, 1987 seeking compensation for injuri...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger Despite Missing Ticket. The court held that the deceased was a bona fide passenger based on companion testimony and circumstances, and the death due to falling from an overcrowded train was an untoward incident under Section 124A of the Railways Act, 1989.

23 Dec 2021

The appellants, widow and son of deceased Lakha Jadhav Sarvaiya, filed an appeal against the dismissal of their claim application by the Railway Claim...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Untoward Incident Despite Absence of Ticket. Court holds that death due to fall from overcrowded train constitutes an 'untoward incident' under Section 123(c) of the Railways Act, 1989, and that the burden to prove negligence or bona fide passenger status is not on claimants in such cases.

23 Mar 2021

The appellants, widow and two major sons of Shankarlal Giri, filed a claim for compensation of Rs.4,00,000/- before the Railway Claims Tribunal, Mumba...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim Case — Deemed Death Due to Accidental Fall from Train as Untraced Ticket Not Fatal to Claim. Presumption of valid ticket under Section 124A of Railways Act, 1989 applies when deceased was a bona fide passenger and no contrary evidence exists.

5 Mar 2020

The appellants, being the widow, minor sons, and mother of the deceased Santosh Dadarao Devtale, filed a claim application before the Railway Claims T...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger Based on Ticket Found in Possession. The court held that the inquest panchanama's mention of a ticket found on the deceased established him as a bona fide passenger under Section 124A of the Railways Act, 1989, and the Railway Claims Tribunal erred in rejecting the claim.

31 Jan 2020

The case involves an appeal by the legal heirs of Soma Ramchandra Naitam, who died after falling from a train on 24-2-2013. The deceased was travellin...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim Case — Mother of Deceased Entitled to Compensation Under Railways Act. Tribunal Erred in Dismissing Claim on Ground of Non-Existence of Deceased as Passenger, Despite Evidence of Accidental Fall from Train.

25 Jul 2019

The appellant, Ranjanabai Tukaram Jatale, mother of deceased Suresh Tukaram Jatale, filed a claim application before the Railway Claims Tribunal, Nagp...

High Court

High Court of Karnataka Allows Appeal in Railway Accident Claim Case — Deceased Was a Bona Fide Passenger. The Tribunal erred in rejecting the claim on ground of lack of proof of bonafide passenger status despite availability of a valid ticket.

6 Jul 2018

The appellants, being the wife, son, and married daughter of the deceased Thippareddy, filed a claim before the Railway Claims Tribunal, Bangalore, un...

High Court

High Court of Karnataka Dismisses Railway's Appeal in Untoward Incident Death Claim — Compensation of Rs.4,00,000 Upheld. Deceased fell from moving train while boarding with valid ticket; Railway failed to prove exception under Section 124A of Railways Act, 1989.

3 Apr 2013

The appeal was filed by the Union of India, represented by the General Manager, South Western Railway, Hubli, against the order dated 29.06.2009 passe...

High Court

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.

4 Jan 2010

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

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