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High Court of Bombay at Nagpur Allows Appeal in Railway Accident Claim — Deemed Untoward Incident Under Section 124A of Railways Act, 1989. Bona Fide Passenger's Fall from Train Due to Jerk Constitutes Untoward Incident, Not Self-Inflicted Injury.

The appeal was filed by the claimants, being the wife, children, and parents of the deceased Ajay Kumar, challenging the judgment and order dated 25th...

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Bombay High Court Allows Appeal in Railway Accident Compensation Case — Deemed Deceased a Bonafide Passenger. Untoward Incident Under Section 124A of Railways Act, 1989 Established Despite Lack of Formal DRM Report.

The appellants, parents of the deceased Jaideep Tambe, filed a claim before the Railway Claims Tribunal seeking compensation for his death. They alleg...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Untoward Incident Despite Falling on Opposite Track. Court Holds That a Passenger Falling from a Train Due to Rush and Being Hit by Another Train Constitutes an 'Untoward Incident' Under Section 123(c) of the Railways Act, 1989.

The appeal arises from the dismissal of a compensation claim by the Railway Claims Tribunal, Mumbai, on the ground that the incident did not fall with...

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High Court of Bombay Dismisses Railway Appeal in Passenger Death Case — Untoward Incident Under Section 124A Railways Act, 1989 Established. Sudden Jerk While Alighting from Train Constitutes an Untoward Incident, and Railway's Denial of Ticket Validity Not Sustained.

The case involves an appeal by the Union of India, represented by the General Manager of South Central Railway, against a judgment of the Recovery Cla...

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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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Gujarat High Court Allows Appeal in Railway Accident Case — Fall from Upper Berth Due to Jerk is Untoward Incident. Section 123(c) of the Railways Act, 1989 is a beneficial provision and must be liberally construed to include accidents inside train compartments.

The case involves a First Appeal under Section 23 of the Railway Claims Tribunal Act, 1987, filed by the appellants (legal heirs of the deceased Sadan...