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High Court of Bombay Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger and Untoward Incident Established. Fall from Train Due to Jerks Constitutes Untoward Incident Under Section 123(c)(2) of Railways Act, 1989; Railway's Suicide Defence Fails for Non-Production of Loco Pilot Book.

The appeal arises from a claim for compensation under Section 16 of the Railway Claims Tribunal Act, 1987, filed by the legal representatives of Mohd....

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Mother and Wife Held to be Dependents Under Section 123(b) of Railways Act, 1989. Tribunal erred in denying compensation to mother and wife of deceased passenger who died from accidental fall from train.

The case involves an appeal under Section 23 of the Railway Claims Tribunal Act, 1987, challenging the order dated 18th July 2014 passed by the Railwa...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Deceased a Bonafide Passenger Despite Absence of Ticket. Presumption of Bonafide Passenger Status Under Section 124A of Railways Act, 1989 Applies When Body Found Near Railway Tracks and No Evidence of Trespassing.

The appeal was filed by the legal heirs of the deceased, Vijay Gondake, challenging the order of the Railway Claims Tribunal, Mumbai, dated 31st Janua...

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Bombay High Court Allows Appeal in Railway Accident Claim — Untoward Incident Presumed Under Section 124A of Railways Act, 1989. Deceased's fall from train due to sudden jerk or push constitutes an untoward incident; railway's defense of suicide or self-inflicted injury not established.

The appellants, being the father, mother, and brother of the deceased Ganesh Vasanta Kajale, filed a claim before the Railway Claims Tribunal, Nagpur,...

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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.

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

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger Based on Ticket Found on Body. Ticket from Mahule to Kempalsad on Same Route as Claimed Journey Establishes Bona Fide Passenger Status Under Section 124A of Railways Act, 1989.

The appellants, the widow and minor children of Shyamrao Shende, filed a claim application before the Railway Claims Tribunal at Nagpur seeking compen...