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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 — 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 — Death of Passenger Due to Fall from Train Held Untoward Incident. Railway's Defence of Self-Inflicted Injury Rejected as Deceased Was a Bona Fide Passenger with Valid Ticket Under Section 124-A of Railways Act, 1989.

5 Oct 2023

The appeal was filed by the parents of the deceased Dinesh, who died on 24.05.2013 after falling from a running train. The deceased had purchased a jo...

High Court

Bombay High Court Allows Appeal by Brother of Deceased in Railway Accident Claim — Locus Standi of Legal Heir of Deceased Claimants Under Railways Act, 1989. The court held that the appellant, as legal heir of the deceased original claimants, is entitled to continue the claim and the definition of 'dependent' under Section 123(b) does not bar the claim.

6 Mar 2020

The appeal arose from a claim for compensation under the Railways Act, 1989, following the death of Samadhan Virbhan Bagul in a train accident on 24.0...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim Case — Deemed Deceased a Bona Fide Passenger Based on Ticket Found in Wallet. Death from Falling from Train Constitutes Untoward Incident Under Section 123(c)(2) of Railways Act, 1989.

14 Feb 2024

The appellants, Narayan Doye and Kanta Doye, are the parents of the deceased Dindayal Doye. They filed a claim before the Railway Claims Tribunal, Nag...

High Court

High Court of Bombay at Nagpur Allows Appeal in Railway Accident Claim Case — Deceased Was a Bona Fide Passenger. The Court held that the Railway Claims Tribunal erred in dismissing the claim on the ground that the deceased was not a bona fide passenger, as the ticket was purchased by a companion and the deceased was traveling with the group.

5 Jun 2023

The appeal arises from the judgment and award of the Railway Claims Tribunal, Nagpur, in case No.OA(IIu)/NGP/249/2017 dated 04.06.2019, whereby the Tr...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Victim a Bona Fide Passenger Based on Subsequent Evidence. The court set aside the Railway Claims Tribunal's dismissal and remanded for fresh consideration, holding that a clerical error in the ticket number should not prejudice the litigant.

14 Aug 2013

The appeal was filed by the parents of deceased Mukesh Patale challenging the judgment of the Railway Claims Tribunal, Nagpur, dated 22.11.2002, which...

High Court

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.

10 Jul 2019

The appellant, Mohd. Saber s/o Mohd. Illyas, filed a claim application before the Railway Claims Tribunal, Nagpur Bench, seeking compensation for inju...

High Court

High Court of Bombay at Nagpur Allows Appeal in Railway Accident Claim — Injured Passenger Held to be Bona Fide Traveller. Fall from Train Due to Jerk Constitutes Untoward Incident Under Section 123(c)(2) of the Railways Act, 1989.

13 Mar 2024

The appellant, Satish Padole, filed a claim before the Railway Claims Tribunal for injuries sustained on 21 September 2018 at Pathrad Railway Station....

High Court

High Court of Bombay Allows Appeal of Injured Passenger in Railway Accident Claim Case Due to Bona Fide Passenger Status and Untenable Defence of Self-Injury. The Court held that the Railway Claims Tribunal erred in rejecting the claim on the ground that the appellant voluntarily alighted from the train, as the statement to GRP was not conclusive and the appellant was a bona fide passenger.

4 Oct 2022

The appellant, Laxman Ganesh Kanhojia, was a bona fide passenger travelling on 14.02.2018 by Train No. 11040 Up Maharashtra Express from Bhandara to N...

High Court

High Court of Bombay Allows Appeal in Railway Accident Claim — Deemed 'Accidental Fall' Not Suicide Under Section 124A(a) of Railways Act, 1989. Court holds that mere statement of guard without corroboration is insufficient to prove suicide, and presumption of bonafide passenger stands.

11 Feb 2020

The appeal arises from a judgment of the Railway Claims Tribunal, Nagpur, which rejected the claim of the appellants (legal heirs of deceased Nanda Gi...

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