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Bombay High Court Allows Appeal in Railway Accident Case — Death of Passenger from Fall from Train Held Untoward Incident. Bona Fide Passenger Status Established Despite Lost Ticket, Entitled to Compensation Under Railways Act, 1989.

The appellants, parents of deceased Swapnil Patil, filed a claim before the Railway Claims Tribunal alleging that their son died after falling from a ...

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Bombay High Court Allows Appeal of Dependents in Railway Accident Case — Deemed Untoward Incident Under Section 124-A of Railways Act, 1989. Deceased's attempt to board a moving train held to be an untoward incident, not self-inflicted injury, entitling dependents to compensation.

The appeal arises from a judgment of the Railway Claims Tribunal, Nagpur, dismissing the claim of the dependents of Deepak Nattuji Thakre, who died af...

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Bombay High Court Allows Appeal in Railway Accident Case — Deemed Deceased a Bona Fide Passenger Based on DRM Report and Circumstantial Evidence. Section 124A of Railways Act, 1989 applied to hold Railways liable for compensation despite absence of ticket.

The appellants, being the wife and children of the deceased Vithal Harishchandra Kharade, filed a claim petition before the Railway Claims Tribunal, M...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Sets Aside Tribunal's Dismissal for Erroneous Application of Res Ipsa Loquitur. Parents and Minor Daughter of Deceased Passenger Who Fell from Train Entitled to Compensation Under Section 124A of Railways Act, 1989.

The appeal arises from a judgment of the Railway Claims Tribunal, Nagpur, dated 23 January 2019, dismissing the claim application filed by the appella...

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Bombay High Court Quashes Second Departmental Enquiry Against RPF ASI for Same Misconduct — Double Jeopardy Principle Under Article 20(2) of Constitution and Rule 219.4(b) of Railway Protection Force Rules, 1987 Bars Re-prosecution After Final Punishment

The petitioner, Ramrao Maroti Shinde, an Assistant Sub-Inspector in the Railway Protection Force (RPF), was subjected to a departmental enquiry in May...

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Bombay High Court Allows Writ Petition of Retired Railway Employee Against CAT Order Dismissing Pension Claim on Limitation. Delay Caused by Employer's Criminal Negligence Cannot Bar Substantive Claim for Pensionary Benefits.

The petitioner, Shri Raghunath Nathoo Bari, a retired Junior Clerk of the Chief Security Commissioner's Office, Central Railway, Mumbai, filed a writ ...

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Bombay High Court Allows Writ Petition of Retired Railway Employee Challenging CAT Order Dismissing Pension Claim on Limitation Grounds. Delay Caused by Respondent's Negligence Cannot Bar Substantive Claim for Pensionary Benefits.

The petitioner, Shri Raghunath Nathoo Bari, a retired Junior Clerk of the Chief Security Commissioner's Office, Central Railway, Mumbai, filed a writ ...