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Search Results for "passenger alighting"

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High Court

Bombay High Court Allows Appeal in Railway Accident Claim Case — Self-Inflicted Injury Not Proved. Deceased was a bonafide passenger; failure to examine witnesses leads to inference of untoward incident under Section 124A of the Railways Act, 1989.

27 Jan 2026

The appeal was filed by the original applicants, Vasanti Parsottam Patel and Mrs. Urvashi Ravi Jugran, challenging the order dated 29 September 2014 o...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger Despite Ticket Irregularity. Death of passenger due to fall from train held to be an 'untoward incident' under Section 124A of the Railways Act, 1989, and claimants entitled to compensation.

10 Jan 2024

The case involves an appeal filed by the legal representatives of the deceased, Syed Zafroddin, against the dismissal of their claim for compensation ...

High Court

High Court of Karnataka Allows Appeal Against Dismissal of Motor Accident Claim, Holding That Negligence of Bus Driver Established on Preponderance of Probability. The Court Rules That Standard of Proof in Accident Claims Under Motor Vehicles Act, 1988 is Preponderance of Probabilities, Not Beyond Reasonable Doubt, and Sudden Movement of Bus While Passenger Alights Constitutes Negligence.

3 Aug 2023

This appeal arose from the dismissal of a claim petition by the Principal Senior Civil Judge and I Additional MACT, Karwar, in MVC No. 290/2017. The a...

High Court

Bombay High Court Allows Appeal in Railway Accident Compensation Case — Deceased's Fall from Train Due to Rush, Not Negligence. Death of a passenger holding a valid ticket who fell from a crowded train due to push of other passengers constitutes an 'untoward incident' under Section 124A of the Railways Act, 1989, and the Railway Administration is liable to pay compensation.

21 Apr 2023

The present appeal is filed by the claimants (appellants) against the judgment and award of the Railway Claims Tribunal dated 27/05/2021 in case No. O...

High Court

High Court of Bombay at Nagpur Allows Appeal in Railway Accident Claim Case — Deceased's Fall from Train Held as 'Untoward Incident' Under Section 124A of Railways Act, 1989. Claimants Entitled to Compensation as Death Occurred Due to Accidental Fall While Boarding/Alighting, Not Due to Self-inflicted Injury or Negligence.

11 Apr 2023

The appeal arises from a judgment and award dated 26.11.2019 passed by the Railway Claims Tribunal, Nagpur, which rejected the claim for compensation ...

High Court

High Court of Bombay Upholds Railway Compensation for Passenger Injured While Deboarding Wrong Train — Negligence Not a Bar Under Section 124A of Railways Act, 1989. The court held that an accidental fall from a train while attempting to deboard a moving train constitutes an 'untoward incident' under Section 124A of the Railways Act, 1989, and the Railway is strictly liable for compensation regardless of the passenger's negligence.

11 Nov 2022

The case involves two appeals filed by the Union of India, through the General Manager, Central Railway, challenging the decision of the Railway Claim...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence and Contributory Negligence Not Proved. Insurer Liable to Pay Compensation Under Section 166 of Motor Vehicles Act, 1988 as Deceased Was a Third Party and No Breach of Policy Terms Established.

26 Sep 2019

The case arises from a motor accident claim petition filed by the parents of the deceased, Yellappa Mallappa Belliveri, who died in a road accident on...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim — Victim Held to be Bona Fide Passenger Despite Lost Ticket. Court sets aside Railway Claims Tribunal's finding that absence of ticket proves non-bona fide passenger, relying on Section 124-A of the Railways Act, 1989 and principle of strict liability.

16 Sep 2019

The case arises from a railway accident on 25.08.2013, where the victim, Gopal Waman Chandekar, fell from the Sewagram Express while boarding at Nagpu...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim — Alighting from Offside Due to Rush Not a Criminal Act. Held that falling from train due to own negligence is not a criminal act under Section 124A proviso (c) of Railways Act, 1989.

31 Jul 2019

The appellant, Rekha Suryvanshi, filed a claim before the Railway Claims Tribunal, Nagpur, seeking compensation for injuries sustained while alighting...

High Court

High Court of Bombay Dismisses Railway Appeal in Passenger Death Case — Untoward Incident Under Section 124A Railways Act, 1989 Established. Sudden Jerk While Alighting from Train Constitutes an Untoward Incident, and Railway's Denial of Ticket Validity Not Sustained.

18 Jul 2013

The case involves an appeal by the Union of India, represented by the General Manager of South Central Railway, against a judgment of the Recovery Cla...

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