Search Results for "Section 163-A"

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Bombay High Court Dismisses Railway's Appeal Against Compensation Award for Passenger's Fall from Train. Fall from Running Train Due to Jerk or Push Constitutes Untoward Incident Under Section 123(c)(2) of Railways Act, 1989, and Railway is Liable Under Section 124A.

The appeal was filed by the Union of India, represented by the General Manager, Central Railway, challenging the judgment and order dated 8.10.2009 of...

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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 Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable to Pay Compensation Despite Driver's Invalid License. Pay and Recover Principle Applied as Insurer Must Compensate Third Party and Recover from Owner.

The case arises from a motor accident claim filed by the respondent no.1 (original applicant) before the Motor Accident Claims Tribunal (MACT), Pune. ...

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Bombay High Court Allows Appeal by Claimants in Railway Accident Case — Holds That Deceased Was a Bona Fide Passenger and Death Was Accidental. The Tribunal Erred in Dismissing Claim on Grounds of Untruthful Evidence and Failure to Prove 'Accidental Falling' Under Section 124A of the Railways Act, 1989.

The present appeal was filed by the original applicants, the widow and minor children of Jagannath Vibhute, challenging the judgment and award dated 1...

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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.

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

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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 Insurance Company's Appeal in Motor Accident Claim. Insurer Held Liable Under No-Fault Liability Despite Absence of Evidence of Negligence in Collision with Unknown Vehicle.

The case involves two appeals filed by United India Insurance Company Limited against judgments and orders dated 22nd December 2004 passed by the Moto...

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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Death of Apprentice Steward. Future Prospects and Correct Multiplier Applied Under Motor Vehicles Act, 1988.

The appellant, Vincentina Paulina D'Souza, filed a claim petition before the Motor Accident Claims Tribunal (MACT) at Goa seeking compensation for the...