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Bombay High Court Allows Appeal in Railway Accident Case — Deemed Untoward Incident Under Section 123(c)(2) of Railways Act, 1989. Deceased Found to be Bonafide Passenger Based on Recovery of Tickets and Police Report.

The appeal was filed by the original applicants, who are dependents of the deceased Mr. Arogyaraj Chetiyar, challenging an order of the Railway Claims...

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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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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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High Court of Karnataka Allows Appeal in Railway Accident Claim Case — Deceased Was a Bona Fide Passenger. The Tribunal erred in rejecting the claim on ground of lack of proof of bonafide passenger status despite availability of a valid ticket.

The appellants, being the wife, son, and married daughter of the deceased Thippareddy, filed a claim before the Railway Claims Tribunal, Bangalore, un...

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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.

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

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Bombay High Court Allows Appeal in Railway Accident Compensation Case — Deemed Untoward Incident Under Section 124A of Railways Act, 1989. Deceased's fall from running train held to be an untoward incident, reversing Railway Claims Tribunal's rejection of compensation.

The case involves an appeal by the widow and son of Gautam Kamble, who died after falling from a running train (No. 57548) at Latur Road Railway Stati...