Search Results for "railway negligence"

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Bombay High Court Quashes FIR Against Police Officers in Custodial Death Case Due to Lack of Sanction Under Section 197 CrPC. Prosecution for alleged murder and torture during custody fails as prior sanction for prosecution of public servants was not obtained, rendering the proceedings invalid.

The judgment pertains to two criminal writ petitions filed by police officers seeking quashing of an FIR registered by the Central Bureau of Investiga...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Deceased's Own Negligence Not a Bar to Compensation Under Railways Act, 1989. Held that 'untoward incident' includes accidental falls from trains regardless of passenger negligence, relying on Jameela v. Union of India.

The appellants, parents of the deceased Firdaus Kausar, filed a claim before the Railway Claims Tribunal, Nagpur, after their daughter died on 4.2.201...

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Bombay High Court Allows Appeal in Railway Accident Case — Deceased's Fall While Alighting Train at Non-Stoppage Station Held to be Untoward Incident Under Section 123(c) of Railways Act, 1989. Negligence of Deceased Not a Defense Under Section 124A; Legal Heirs Entitled to Compensation.

The appeal arises from the rejection of a claim petition by the Railway Claims Tribunal, Nagpur, in Case No. OA(IIu)NGP/2013/0331. The deceased, Arjun...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger Despite Wrong Train. Identification of Deceased by Son Through Belongings Sufficient Under Railways Act, 1989.

The appeal was filed by the legal heirs of deceased Motiram Meshram against the judgment of the Railway Claims Tribunal, Nagpur, which rejected their ...

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High Court Allows Appeal in Railway Accident Case Due to Absence of Negligence by Deceased Passenger. Deceased fell from moving train due to sudden push of door, not his own negligence, entitling widow to compensation under Section 124-A of the Railways Act, 1989.

The appellant, Raeesa Begum, widow of Mohammad Gaus, filed a claim before the Railway Claims Tribunal, Nagpur, seeking compensation for the death of h...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Mother of Deceased Entitled to Compensation Under Railways Act. Tribunal Erred in Dismissing Claim on Ground of Non-Existence of Deceased as Passenger, Despite Evidence of Accidental Fall from Train.

The appellant, Ranjanabai Tukaram Jatale, mother of deceased Suresh Tukaram Jatale, filed a claim application before the Railway Claims Tribunal, Nagp...

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Bombay High Court Partially Upholds Arbitral Award in Railway Contract Dispute — Interest Rate Reduced from 18% to 9%. The court held that the arbitrator's award did not violate public policy but reduced the interest rate as excessive under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Union of India, challenged an arbitral award dated 8 October 2010 under Section 34 of the Arbitration and Conciliation Act, 1996. The ...

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Bombay High Court Upholds Consumer Forum Compensation for Railway Death Due to Negligence in Providing Safe Travel. Railway Administration Held Liable for Death of Passenger Thrown from Train by Miscreants as Deficiency in Service Under Consumer Protection Act, 1986.

The Union of India, through the General Manager of South Central Railway, filed a writ petition challenging an order of the District Consumer Disputes...