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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Untoward Incident Under Section 124-A of Railways Act, 1989. Fall from Train Due to Jerk and Rush Constitutes Untoward Incident; Tribunal's Rejection Based on Nature of Injuries Set Aside.

The appeal was filed by the original claimants, Nirmala wd/o Nagorao Gadling and Sachin s/o Nagorao Gadling, challenging the judgment and award dated ...

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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 Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger Despite Missing Ticket. Section 124 of Railways Act, 1989 interpreted liberally to grant compensation to dependents of deceased who fell from train.

The appellants, being the widow and children of the deceased Vithal Harishchandra Kharade, filed a claim petition under Section 124 of the Railways Ac...

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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 in Railway Accident Claim — Deemed Bonafide Passenger Based on Ticket Recovery and Witness Testimony. Accidental Fall from Train Constitutes Untoward Incident Under Section 124A of Railways Act, 1989.

The appeal was filed by the dependents of Anil Girdhar Thalkia against the dismissal of their claim for compensation by the Railway Claims Tribunal. T...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Deceased a Bonafide Passenger Despite Absence of Ticket. Presumption of Bonafide Passenger Status Under Section 124A of Railways Act, 1989 Applies When Body Found Near Railway Tracks and No Evidence of Trespassing.

The appeal was filed by the legal heirs of the deceased, Vijay Gondake, challenging the order of the Railway Claims Tribunal, Mumbai, dated 31st Janua...