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High Court of Karnataka Allows Appeal in Railway Accident Claim — Deemed Passenger Doctrine Applied. Claimants entitled to compensation as deceased was a bona fide passenger holding a valid ticket, rebutting the presumption of negligence under Section 124A of the Railways Act, 1989.

The appeal arises from the dismissal of a claim petition by the Railway Claims Tribunal, Bangalore Bench, in OA No. II U 162/2012 dated 14.12.2016. Th...

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Bombay High Court Dismisses Challenge to Arbitral Award in Railway Bio-Diesel Supply Dispute — Fall Clause Interpretation Upheld. Court finds that comparing prices for different delivery distances without adjusting for freight is impermissible, and the arbitral tribunal's view is plausible.

The case involves a challenge by the Union of India (Central Railway) under Section 34 of the Arbitration and Conciliation Act, 1996, against an arbit...

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High Court of Bombay at Nagpur Allows Appeal in Railway Accident Claim — Injured Passenger Held to be Bona Fide Traveller. Fall from Train Due to Jerk Constitutes Untoward Incident Under Section 123(c)(2) of the Railways Act, 1989.

The appellant, Satish Padole, filed a claim before the Railway Claims Tribunal for injuries sustained on 21 September 2018 at Pathrad Railway Station....

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger Despite Missing Ticket. Non-production of ticket does not defeat claim under Section 124A of Railways Act, 1989 if other evidence establishes passenger status.

The present appeal was filed by the appellants, being the widow, son, and mother of the deceased Dilip Gaikwad, aggrieved by the judgment and order da...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger Despite Wrong Train. Identification of Deceased by Son Through Belongings Sufficient Under Railways Act, 1989.

The appeal was filed by the legal heirs of deceased Motiram Meshram against the judgment of the Railway Claims Tribunal, Nagpur, which rejected their ...

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Bombay High Court Allows Appeal in Railway Accident Claim — Dependency and Notional Income Determined Under Section 124A of Railways Act, 1989. The court set aside the Tribunal's dismissal and awarded Rs. 3,60,000 compensation to the family of the deceased labourer who died in a train accident.

The case involves a first appeal filed by the appellants, who are the widow, children, and parents of the deceased Manoj Pawar, against the dismissal ...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Railway Parcel Space Lease Dispute. Court upholds arbitrator's finding that claimant failed to prove termination of contract and is not entitled to refund of security deposit.

The petitioner, Prajapati Gunwant Keshavlal, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral ...

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Bombay High Court Allows Compassionate Appointment to Son of Second Wife in Railway Service — Railway Circular Does Not Exclude Children of Second Wife from Compassionate Employment. Court Directs Consideration of Application on Merits Under Master Circular No.16.

The petitioners, Smt. Girija Suresh Borade (second wife) and her son Sagar Suresh Borade, filed a writ petition against the Union of India and railway...

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Bombay High Court Allows Arbitration Petition Challenging Arbitral Award in Excise Duty Reimbursement Dispute. Contractual interpretation of purchase order clause for reimbursement of excise duty paid by contractor to Railways.

The Petitioner, M/s Creative Engineers, filed an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an a...