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Search Results for "railway negligence"

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High Court

High Court Allows Compensation Claim in Railways Act Case, Overturning Tribunal's Denial Based on Self-Inflicted Injury Finding. Passenger's Fall from Train Door and Attempt to De-board Non-Halting Train Held Not to Constitute Intentional Self-Inflicted Injury Under Section 124A of Railways Act, 1989, as Incident Occurred Due to Rush and Bonafide Mistake.

24 Mar 2026

The appeal arose from the Railway Claims Tribunal's order dated 31 January 2018 rejecting the appellant's claim for compensation for injuries sustaine...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Deceased a Bonafide Passenger Despite Absence of Ticket. Presumption of Bonafide Passenger Status Under Section 124A of Railways Act, 1989 Applies When Body Found Near Railway Tracks and No Evidence of Trespassing.

7 Oct 2025

The appeal was filed by the legal heirs of the deceased, Vijay Gondake, challenging the order of the Railway Claims Tribunal, Mumbai, dated 31st Janua...

High Court

Bombay High Court Allows Appeal in Railway Accident Case — Death While Crossing Tracks Due to Lack of Footbridge Constitutes Untoward Incident Under Section 123(c)(2) of Indian Railways Act, 1989. The court held that the absence of a footbridge at the station made crossing the tracks necessary, and the accident was an untoward incident in the course of working of the railway.

3 Sep 2018

The appellants, Isulal Domaji Barbate and his minor son Kushal, filed a claim before the Railway Claims Tribunal under Section 124A of the Indian Rail...

High Court

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.

21 Jun 2018

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

High Court

High Court Allows Appeal in Railway Accident Claim — Deemed Passenger Status Upheld. Death of a person found on railway premises with a valid ticket is an 'untoward incident' under Section 124A of the Railways Act, 1989, and the burden to prove negligence or self-inflicted injury lies on the railway.

28 Jan 2016

The case involves an appeal by the dependents of Kiran Yennam, who died in an alleged untoward incident on 04.03.2010. The claimants, his wife, minor ...

High Court

Bombay High Court Dismisses Railway Appeal in Passenger Death Case. Railway Administration Held Liable for Compensation Under Railways Act, 1989 for Death of Passenger Who Fell from Train.

28 Jul 2015

The case involves an appeal by the Union of India, represented by the General Manager of South Central Railway, against an order of the Railway Claims...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation from Rs. 3,36,000 to Rs. 6,21,000. Multiplier of 18 applied for deceased aged 26 years, contributory negligence set aside, and conventional heads enhanced under Motor Vehicles Act, 1988.

20 Nov 2014

The appeal arises from a judgment and award dated 11.10.2011 of the Motor Accident Claims Tribunal, Amravati, in Claim Petition No. 221/06. The appell...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Under Section 163A MV Act — No Fault Liability Principle Precludes Defence of Victim's Negligence. The Court held that the defence of wrongful act or neglect of the victim is not available in proceedings under Section 163A of the Motor Vehicles Act, 1988, as the provision is a complete code based on no fault liability.

6 Feb 2014

The appeal arises from a judgment and award dated 15th June 2010 passed by the Motor Accident Claims Tribunal, Mumbai in M.A.C.P. No. 2554 of 1995. Th...

High Court

Bombay High Court Dismisses Railway Appeal in Passenger Death Case — Sudden Brake Application Constitutes Untoward Incident Under Railways Act, 1989. The court upheld compensation of Rs. 4 lacs to legal heirs of a passenger who died due to jerks from sudden brake application, rejecting the Railway's defense of lack of bonafide passenger status.

13 Nov 2013

The case involves an appeal by the Union of India, through the South Central Railway, against an order of the Railway Claims Tribunal, Nagpur Bench, d...

High Court

Bombay High Court Upholds Railway Compensation for Passenger Pushed from Train by TTE — Both Legs Amputated. Held that Railway is vicariously liable for acts of its employee causing untoward incident under Section 124A of the Railways Act, 1989.

25 Jun 2013

The case involves an appeal by the Union of India (Railway) against the judgment of the Railway Claims Tribunal, Nagpur, which awarded compensation of...

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