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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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Supreme Court Allows Appeals by States of Karnataka and Kerala in Lottery Tax Dispute — State Legislatures Have Competence to Tax Lotteries Under Entry 62 List II. Regulatory Entry 40 List I Does Not Bar State Taxation of Lotteries Organised by Other States.

The Supreme Court considered appeals by the States of Karnataka and Kerala against judgments of their respective High Courts which had struck down sta...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Mother of Deceased Entitled to Compensation Under Railways Act. Tribunal Erred in Dismissing Claim on Ground of Non-Existence of Deceased as Passenger, Despite Evidence of Accidental Fall from Train.

The appellant, Ranjanabai Tukaram Jatale, mother of deceased Suresh Tukaram Jatale, filed a claim application before the Railway Claims Tribunal, Nagp...

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High Court of Bombay Allows Appeal in Railway Accident Claim Case — Death of Passenger Due to Accidental Fall from Train. Claimants Entitled to Compensation Under Section 124A of the Railways Act, 1989 as Deceased Was a Bona Fide Passenger and Death Occurred in a Railway Accident.

The present appeal was filed by the original applicants, Nagorao s/o Gangaram Kamble and Sow. Vithabai w/o Nagorao Kamble, challenging the judgment an...

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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.

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

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Bombay High Court Allows Appeal in Railway Accident Compensation Case — Sets Aside Tribunal's Dismissal of Claim. Held that the claimant was a bona fide passenger and the accident was an 'untoward incident' under Section 124A of the Railways Act, 1989, entitling him to compensation.

The appellant, Dalit s/o Tukaram Mudkhede, filed a claim application before the Railway Claims Tribunal, Nagpur Bench, seeking compensation for injuri...

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Bombay High Court Allows Appeal in Railway Accident Compensation Case — Parents of Deceased Passenger Entitled to Compensation Under Section 124-A of Railways Act, 1989. Death Caused by Fall from Overcrowded Train Constitutes an Untoward Incident.

The appeal arises from the dismissal of a compensation claim by the Railway Claims Tribunal, Nagpur Bench. The appellants, Shobhabai and Ganesh Gaikwa...

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Bombay High Court Dismisses Railways Appeal in Passenger Death Case. Strict Liability for Untoward Incident Under Railway Claims Tribunal Act, 1987 Upheld as Deceased Was Bona Fide Passenger.

The Union of India, General Manager, Central Railways, filed an appeal under Section 23 of the Railway Claims Tribunal Act, 1987, challenging the awar...