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Bombay High Court Allows Appeal in Railway Accident Case — Deemed Accidental Fall as Untoward Incident Under Section 123(c)(2) of Railways Act, 1989. Mother of Deceased Granted Compensation as Sole Dependent Despite Absence of Ticket, as Tribunal Erred in Concluding Unauthorized Presence.

The appellant, Smt. Rekha Dilip Sapkale, mother of the deceased Akash Dilip Sapkale, filed a claim before the Railway Claims Tribunal, Mumbai, seeking...

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High Court Dismisses Railway Compensation Appeal Under Railways Act Due to Intoxication Exclusion

The High Court dismissed an appeal against the Railway Claims Tribunal's rejection of compensation for railway injury -- The appellant claimed compens...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Parents of Deceased Passenger Entitled to Compensation. Tribunal Erred in Holding Deceased Not a Bona Fide Passenger Despite Production of Unused Tickets.

The appellants, parents of the deceased Motiram Bramhadeo Haryan, filed a claim for compensation under the Railways Act, 1989 after their son died on ...

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High Court of Bombay at Nagpur Allows Appeal in Railway Accident Claim — Injured Passenger Held to be Bona Fide Traveller. Fall from Train Due to Jerk Constitutes Untoward Incident Under Section 123(c)(2) of the Railways Act, 1989.

The appellant, Satish Padole, filed a claim before the Railway Claims Tribunal for injuries sustained on 21 September 2018 at Pathrad Railway Station....

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Deemed Death Due to Accidental Fall from Train as Untraced Ticket Not Fatal to Claim. Presumption of valid ticket under Section 124A of Railways Act, 1989 applies when deceased was a bona fide passenger and no contrary evidence exists.

The appellants, being the widow, minor sons, and mother of the deceased Santosh Dadarao Devtale, filed a claim application before the Railway Claims T...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Self-Inflicted Injury Not Proved. Deceased was a bonafide passenger; failure to examine witnesses leads to inference of untoward incident under Section 124A of the Railways Act, 1989.

The appeal was filed by the original applicants, Vasanti Parsottam Patel and Mrs. Urvashi Ravi Jugran, challenging the order dated 29 September 2014 o...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Death Due to Sudden Jerk Constitutes Untoward Incident. Parents of Deceased Entitled to Compensation Under Section 124A of the Railways Act, 1989 as Deceased Was a Bonafide Passenger.

The appeal arises from a judgment and award dated 28/04/2017 passed by the Railway Claims Tribunal in OA(IIu)/NGP/2015/0213, whereby the Tribunal reje...