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High Court of Bombay at Nagpur Allows Appeal in Railway Accident Claim — Injured Passenger Entitled to Compensation for Amputation. Bona Fide Passenger Status Established Despite Lost Ticket; Sudden Jerk Leading to Fall Constitutes Untoward Incident Under Section 123(c) of Railways Act, 1989.

The appellant, Kishor Vishnu Bondre, filed a claim before the Railway Claims Tribunal, Nagpur, seeking compensation for injuries sustained in a train ...

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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.

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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Bombay High Court Allows Appeal in Railway Accident Case — Death Due to Accidental Fall from Train Constitutes Untoward Incident Under Railways Act, 1989. Widow and Children Entitled to Compensation as Deceased Was a Bona Fide Passenger and Fall Was Accidental, Not Self-Inflicted.

The case involves an appeal by the widow, children, and mother of Sanjay Awachare (deceased) against the dismissal of their claim petition by the Rail...

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High Court Acquits Accused in Railways Act Case Due to Lack of Mens Rea. Tractor-trailer crossing railway track without permission does not constitute offense under Section 161 of Railways Act, 1989 as it requires intention to cause damage or obstruction.

The petitioner, Hanumanthanayak, was convicted by the Judicial Magistrate First Class, Holenarsipur, in C.C. No. 3/07 for an offense under Section 161...

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Bombay High Court Allows Union of India's Appeal in Railway Claims Case — Claim for Non-Delivery of Onions Held Time-Barred Under Section 78B of Railways Act, 1890. Notice of Claim Given After Six Months from Date When Delivery Ought to Have Taken Place, Hence Claim Not Maintainable.

The appellant, Union of India, represented by the General Managers of Central and Northern Railways, appealed against the judgment and decree of the R...