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Bombay High Court Allows Appeal in Railway Accident Claim Case — Deceased's Own Negligence Not a Bar to Compensation Under Railways Act, 1989. Held that 'untoward incident' includes accidental falls from trains regardless of passenger negligence, relying on Jameela v. Union of India.

The appellants, parents of the deceased Firdaus Kausar, filed a claim before the Railway Claims Tribunal, Nagpur, after their daughter died on 4.2.201...

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Bombay High Court Dismisses Widow's Compensation Claim for Jail Death Due to Lack of Evidence of Negligence. Court holds that mere death in custody does not automatically entitle compensation; petitioner must establish negligence or violation of rights by jail authorities.

The petitioner, Priyanka wd/o Yogesh Rathod, filed a Criminal Writ Petition before the Bombay High Court seeking compensation of Rs. 50 lakh for the d...

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Bombay High Court Dismisses State Appeal Against Acquittal in Rash Driving Case — No Evidence of Negligence. Acquittal upheld as prosecution failed to prove rash or negligent driving under Sections 279, 304-A, 338 IPC and Section 184 Motor Vehicles Act, 1988.

The State of Maharashtra appealed against the acquittal of Mahadeo Siddhappa Ghali, a bus driver, by the Judicial Magistrate First Class, Miraj. The a...

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High Court Allows Appeal in Railway Accident Case Due to Absence of Negligence by Deceased Passenger. Deceased fell from moving train due to sudden push of door, not his own negligence, entitling widow to compensation under Section 124-A of the Railways Act, 1989.

The appellant, Raeesa Begum, widow of Mohammad Gaus, filed a claim before the Railway Claims Tribunal, Nagpur, seeking compensation for the death of h...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable Despite Alleged License Breach. Deceased was a third party and insurer failed to prove willful breach of policy conditions under Section 149 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the dependents of deceased Ajay Avatade, who died in a road accident on 6th February 2012. The cl...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Application of Burden of Proof. Negligence of ST Bus Driver Established Through Res Ipsa Loquitur and Evidence of Bus Crossing into Wrong Side.

The appeal arises from a judgment and award dated 20.12.2006 passed by the Motor Accident Claim Tribunal, Chandrapur, dismissing the claim petition fi...

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Bombay High Court Allows Enhancement of Compensation in Motor Accident Claim by Treating Petition Under Section 166 Instead of Section 163A of Motor Vehicles Act, 1988. Claimants entitled to just compensation based on actual income and future prospects, not structured formula.

The appellants, being the widow, minor children, and father of the deceased Diwakar Pawade, filed a claim petition under Section 166 of the Motor Vehi...

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High Court of Bombay at Nagpur Allows Appeals in Motor Accident Claim Case — Enhances Compensation for Death of Abdul Gaffar. Negligence of Tractor Driver Established; Insurance Company Liable to Pay Enhanced Compensation with Interest.

The case arises from a motor accident claim for the death of Abdul Gaffar, who died in a collision between a motorcycle (on which he was a pillion rid...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Deemed Fall from Train as Untoward Incident Under Section 124A of Railways Act, 1989. Recovery of Valid Monthly Season Ticket from Deceased's Body Establishes Bona Fide Passenger Status, Reversing Tribunal's Finding of Trespass.

The appellants, parents of the deceased Milind Balaram Sakpal, filed a claim for compensation under Section 124A of the Railways Act, 1989, alleging t...