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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.

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....

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Bombay High Court Partially Sets Aside Arbitral Award in Dealership Dispute Over Supply of Spurious Bearings and Non-Delivery. Court Upholds Termination for Breach of Implied Warranty of Genuineness but Remits Damages for Non-Delivery for Reconsideration.

The judgment concerns cross arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award arisin...

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Bombay High Court Allows Compensation Claim for Train Accident Victim Under Railways Act, 1989 — Amputation of Leg Due to Fall from Train Held as 'Accidental Falling' from Train Carrying Passengers.

The appellant, Ramesh Istari @ Istaru Kore, filed a claim for compensation before the Railway Claims Tribunal, Nagpur, alleging that on 24.2.2016, whi...

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Bombay High Court Upholds Railway Board's Catering Licensing Policy — License Fee and Gross Sales Share Not Arbitrary. The policy requiring licensees to pay a share of gross sales is a valid contractual term and does not violate Article 14 or Article 19(1)(g) of the Constitution.

The petitioners, various catering associations and individual licensees, challenged the Railway Board's policy dated 1st April 2013 and subsequent cir...

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High Court of Bombay Dismisses Railway Appeal in Passenger Death Case — Untoward Incident Under Section 124A Railways Act, 1989 Established. Sudden Jerk While Alighting from Train Constitutes an Untoward Incident, and Railway's Denial of Ticket Validity Not Sustained.

The case involves an appeal by the Union of India, represented by the General Manager of South Central Railway, against a judgment of the Recovery Cla...

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Bombay High Court Dismisses Union of India's Appeal Against Arbitral Award in Railway Construction Contract Dispute. Court Upholds Arbitrator's Award of Compensation for Underutilization of Resources Due to Railway's Delays.

The Union of India, representing the South-East-Central Railway, appealed against an order of the District Judge, Nagpur, refusing to set aside an arb...