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Search Results for "Railway accident compensation"

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High Court

Bombay High Court Allows Appeal in Railway Accident Claim Case — Deemed Deceased a Bona Fide Passenger Based on Ticket Recovery. Recovery of a valid ticket from the deceased's pocket establishes passenger status, and the Railways' failure to rebut the presumption under Section 123(c)(2) of the Railways Act, 1989 entitles dependants to compensation.

23 Mar 2021

The appellants, being the widow, sons, and mother of the deceased Suresh Gharat, filed a claim application before the Railway Claims Tribunal, Mumbai,...

High Court

Bombay High Court Allows Appeal in Railway Accident Case — Deemed Death as Untoward Incident Under Railway Claims Tribunal Act, 1987. Mother of Deceased Entitled to Compensation as Bona Fide Passenger Despite Absence of Ticket.

27 Sep 2023

The case involves an appeal filed by the mother of the deceased, Arju Bharat Shende, against the dismissal of her claim for compensation by the Railwa...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim — Death of Passenger Due to Fall from Train Held Untoward Incident. Mother of Deceased Entitled to Compensation Under Section 124-A of the Railways Act, 1989 as Negligence Not a Defence.

5 Oct 2023

The appeal was filed by the mother of the deceased, Dinesh, challenging the judgment of the Railway Claims Tribunal, Nagpur, which rejected her claim ...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim — Ticket Validity Not Decisive for Bona Fide Passenger Status Under Railways Act. The Court held that a passenger holding a valid ticket for a particular train but travelling on another train due to circumstances is still a bona fide passenger entitled to compensation for untoward incident under Section 124A of the Railways Act, 1989.

20 Jan 2021

The appellant, Smt. Munnibai, mother of the deceased Vikki Munnalal Chaube, filed a claim for compensation under Section 23 of the Railway Claims Trib...

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 Case — Parents of Deceased Passenger Entitled to Compensation. Tribunal Erred in Holding Deceased Not a Bona Fide Passenger Despite Production of Unused Tickets.

21 Jan 2020

The appellants, parents of the deceased Motiram Bramhadeo Haryan, filed a claim for compensation under the Railways Act, 1989 after their son died on ...

High Court

Bombay High Court Allows Appeal in Railway Accident Case — Death While Crossing Tracks Due to Lack of Footbridge Constitutes Untoward Incident Under Section 123(c)(2) of Indian Railways Act, 1989. The court held that the absence of a footbridge at the station made crossing the tracks necessary, and the accident was an untoward incident in the course of working of the railway.

3 Sep 2018

The appellants, Isulal Domaji Barbate and his minor son Kushal, filed a claim before the Railway Claims Tribunal under Section 124A of the Indian Rail...

High Court

Bombay High Court Dismisses Railway's Appeal, Upholds Compensation for Death Due to Fall from Train. Death of a bona fide passenger due to fall from train caused by rush and sudden jerk is an untoward incident under Section 124A of the Railways Act, 1989, and the railway failed to prove self-inflicted injury.

1 Aug 2013

The appeal was filed by the Union of India through the General Manager, South Central Railway, challenging the Judgment and Award dated 13/7/2010 of t...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Untoward Incident Under Section 124A of Railways Act, 1989. Bona Fide Passenger Status Established Through Circumstantial Evidence Despite Lost Ticket.

26 Sep 2023

The appeal arises from a judgment of the Railway Claims Tribunal, Nagpur Bench, dated 26.08.2013, dismissing the claim for compensation filed by the a...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim Case — Sets Aside Tribunal's Dismissal for Ignoring Presumption of Bona Fide Passenger. Held that the Railway Claims Tribunal erred in dismissing the claim on grounds of lack of valid ticket without considering the presumption under Section 124-A of the Railways Act, 1989 and the evidence of the deceased being a bona fide passenger.

19 Dec 2022

The case involves an appeal by the legal heirs of Sahebrao Devchand Salve, who died after falling from a running train on 26 August 2016 while traveli...

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