Search Results for "Railway Accident Compensation Rules 1990"

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Search Results for "Railway Accident Compensation Rules 1990"

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High Court

Court Reverses Railway Claims Tribunal Decision, Awards Rs. 8 Lakhs in Compensation for Untoward Incident. The appellant, mistakenly boarding the wrong train and sustaining injuries, was deemed a bona fide passenger eligible for compensation under the Railways Act, 1989.

20 Jun 2024

This appeal, filed under Section 23 of the Railway Claims Tribunal Act, 1987, challenges the judgment of the Railway Claims Tribunal, Nagpur Bench, wh...

High Court

Bombay High Court Allows Appeal in Railway Accident Compensation Case — Appellant Held to be Bona Fide Passenger Entitled to Compensation for Injuries from Fall from Train Due to Rush. The Court set aside the Railway Claims Tribunal's rejection of compensation, finding that the appellant's fall from a crowded local train constituted an 'untoward incident' under Section 123(c) of the Railways Act, 1989, and that the appellant was a bona fide passenger holding a valid ticket.

24 May 2022

The appellant, Harish Chandra Damodar Gaikwad, filed a claim under Section 16 of the Railway Claims Tribunal Act, 1987 seeking compensation for injuri...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim Case — Parents of Deceased Passenger Entitled to Compensation. Tribunal Erred in Holding Deceased Not a Bona Fide Passenger Despite Production of Unused Tickets.

21 Jan 2020

The appellants, parents of the deceased Motiram Bramhadeo Haryan, filed a claim for compensation under the Railways Act, 1989 after their son died on ...

High Court

Bombay High Court Allows Appeals in Railway Accident Claims — Appellants Entitled to Compensation Under Railways Act, 1989. Court holds that the Railway Claims Tribunal erred in dismissing claims on grounds of negligence and burden of proof, and that strict liability applies under Section 124A of the Railways Act, 1989.

9 Oct 2019

The judgment involves four first appeals filed by the dependents of deceased persons who died in separate railway accidents. The appellants claimed co...

High Court

High Court of Karnataka Allows Appeal in Railway Accident Claim Case — Deceased Was a Bona Fide Passenger. Burden of Proof on Railways to Show Negligence or Criminal Act Not Discharged Under Section 124A of Railways Act, 1989.

6 Jul 2018

The appellants, wife, son, and married daughter of Thippareddy, filed a claim before the Railway Claims Tribunal, Bangalore, seeking compensation for ...

High Court

High Court of Bombay Allows Appeal Against Railway Claims Tribunal Order Rejecting Condonation of Delay in Claim Application for Compensation Under Railway Claims Tribunal Act, 1987 — Untoward Incident Death of Passenger. The Court held that the Tribunal ought to have condoned the delay of 1380 days as the explanation regarding pendency of criminal proceedings and need to arrange funds constituted sufficient cause under Section 16 of the Railway Claims Tribunal Act, 1987.

13 May 2022

The appellant, Nishant Devrao Wasnik, filed a claim application before the Railway Claims Tribunal, Nagpur Bench, seeking compensation for the death o...

High Court

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.

20 Jun 2024

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....

High Court

High Court of Bombay Allows Appeal in Railway Accident Case — Vendor Without License Entitled to Compensation. Burden of Proof Shifts to Railway to Disprove Untoward Incident Under Section 124A of Railways Act, 1989.

14 Aug 2019

The appellant, Vilash s/o Rajendra Meshram, filed a claim petition before the Railway Claims Tribunal, Nagpur, seeking compensation for injuries susta...

High Court

Bombay High Court Allows Appeal in Railway Accident Compensation Case — Deemed Deceased a Bonafide Passenger Based on Circumstantial Evidence. Section 124A of the Railways Act, 1989 does not require strict proof of ticket purchase; presumption of bonafide passenger arises from credible oral testimony and surrounding circumstances.

20 Jun 2017

The appellants, parents and minor brother of deceased Ravi, filed a claim petition before the Railway Claims Tribunal, Nagpur, seeking compensation of...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim Case — Sets Aside Tribunal's Dismissal for Ignoring Presumption of Bona Fide Passenger. Held that the Railway Claims Tribunal erred in dismissing the claim on grounds of lack of valid ticket without considering the presumption under Section 124-A of the Railways Act, 1989 and the evidence of the deceased being a bona fide passenger.

19 Dec 2022

The case involves an appeal by the legal heirs of Sahebrao Devchand Salve, who died after falling from a running train on 26 August 2016 while traveli...

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