Search Results for "railway negligence"

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Municipal Corporation of Greater Mumbai Challenges Human Rights Commission's Order in Road Accident Case -- High Court Quashes Commission's Recommendations as Exceeding Jurisdiction Under Protection of Human Rights Act

The Municipal Corporation of Greater Mumbai filed a writ petition challenging the order of Maharashtra State Human Rights Commission dated 19/1/2018 i...

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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 by Claimants in Railway Accident Case — Holds That Deceased Was a Bona Fide Passenger and Death Was Accidental. The Tribunal Erred in Dismissing Claim on Grounds of Untruthful Evidence and Failure to Prove 'Accidental Falling' Under Section 124A of the Railways Act, 1989.

The present appeal was filed by the original applicants, the widow and minor children of Jagannath Vibhute, challenging the judgment and award dated 1...

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High Court of Bombay Allows Appeal in Railway Accident Case — Vendor Without License Entitled to Compensation. Burden of Proof Shifts to Railway to Disprove Untoward Incident Under Section 124A of Railways Act, 1989.

The appellant, Vilash s/o Rajendra Meshram, filed a claim petition before the Railway Claims Tribunal, Nagpur, seeking compensation for injuries susta...

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High Court of Bombay Allows Appeal in Railway Accident Claim Case — Death of Passenger Due to Accidental Fall from Train. Claimants Entitled to Compensation Under Section 124A of the Railways Act, 1989 as Deceased Was a Bona Fide Passenger and Death Occurred in a Railway Accident.

The present appeal was filed by the original applicants, Nagorao s/o Gangaram Kamble and Sow. Vithabai w/o Nagorao Kamble, challenging the judgment an...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Sets Aside Tribunal's Dismissal for Non-Prosecution. Held that the Tribunal erred in dismissing the claim application for default without considering the merits, and the matter must be restored for fresh adjudication.

The appellant, Mohd. Saber s/o Mohd. Illyas, filed a claim application before the Railway Claims Tribunal, Nagpur Bench, seeking compensation for inju...

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Bombay High Court Allows Appeal in Railway Accident Compensation Case — Sets Aside Tribunal's Dismissal of Claim. Held that the claimant was a bona fide passenger and the accident was an 'untoward incident' under Section 124A of the Railways Act, 1989, entitling him to compensation.

The appellant, Dalit s/o Tukaram Mudkhede, filed a claim application before the Railway Claims Tribunal, Nagpur Bench, seeking compensation for injuri...