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Search Results for "passenger fall"

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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 Allows Compensation to Deceased Passenger's Family in Railway Accident Case — Deceased Was a Bonafide Passenger While Alighting and Walking on Track Due to Lack of Foot Overbridge. The Court held that the deceased remained a bonafide passenger and the incident was an untoward incident under Section 123(c)(2) of the Railways Act, 1989, entitling the claimants to compensation under Section 124-A.

10 Oct 2022

The appellants, being the widow, son, and mother of the deceased Manohar Gajbhiye, filed a claim under the Railways Act, 1989 before the Railway Claim...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger Entitled to Compensation Under Section 124A of Railways Act, 1989. Death of a person found on railway tracks with severe injuries is an untoward incident, and the Railway failed to rebut the presumption of bona fide passenger status.

2 Jan 2023

The appellants, the widow and sons of the deceased Rangnath Dattarao Gaikwad, filed a claim before the Railway Claims Tribunal, Nagpur, seeking compen...

Supreme Court

Supreme Court Allows Compensation Claim in Railway Accident Case — Non-Recovery of Ticket Not Fatal to Claim if Prima Facie Proof of Bona Fide Passenger Exists. The Court held that once claimants produce prima facie evidence of ticket purchase, burden shifts to Railways to disprove it under Section 124-A of the Railways Act, 1989.

1 Jan 2025

The appeal arose from the death of Sanjesh Kumar Yagnik, who allegedly fell from a running train (Ranthambore Express) on 19.05.2017 due to overcrowdi...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim Case Due to Failure to Consider Evidence. Tribunal's Rejection of Compensation Claim Set Aside as Deceased Was a Bona Fide Passenger and Death Occurred Due to Accidental Fall from Train.

20 Oct 2022

The appellants, sons of the deceased Dhondabai, filed a claim petition before the Railway Claims Tribunal, Nagpur, seeking compensation for the death ...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim — Negligence of Deceased Not Proved. Parents of deceased passenger awarded compensation under Section 124A of the Railways Act, 1989 as death occurred due to untoward incident and railway failed to prove negligence.

13 Jun 2013

The appellants, parents of the deceased, filed a claim before the Railway Claims Tribunal for compensation under Section 124A of the Railways Act, 198...

High Court

Bombay High Court Allows Appeal of Widow and Children in Railway Accident Case — Deemed Bonafide Passenger Entitled to Compensation Under Section 124-A of Railways Act, 1989. The court held that the deceased, who fell while trying to board a moving train, was a bonafide passenger and the incident was an untoward incident, reversing the Railway Claims Tribunal's dismissal.

9 Nov 2022

The appellants, widow and children of Shankar Gangaram Dhotre, filed an appeal under Section 23 of the Railway Claims Tribunal Act, 1987 against the d...

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 — Valid Ticket Recovery Establishes 'Untoward Incident' Under Railway Claims Tribunal Act, 1987. The Court held that recovery of a valid ticket from the deceased's body shifts the burden on the railway to prove that the death was not an untoward incident under Section 124A of the Railways Act, 1989.

5 Feb 2015

The appellant, Smt. Nirmala Pravinchandra Soni, mother of the deceased Kiran Pravinchandra Soni, filed a claim before the Railway Claims Tribunal, Mum...

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 ...

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