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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Deceased a Bona Fide Passenger Despite Missing Ticket. Burden of Proof on Railways Under Section 124A of Railways Act, 1989 to Show Negligence or Exception.

The appellant, Sm. Mina w/o Punamchand Shahare, filed a claim before the Railway Claims Tribunal, Nagpur Bench, seeking compensation of Rs. 8,00,000/-...

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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 Karnataka Allows Appeal in Railway Accident Claim Case — Deceased Was a Bona Fide Passenger. Burden of Proof on Railways to Show Negligence or Criminal Act Not Discharged Under Section 124A of Railways Act, 1989.

The appellants, wife, son, and married daughter of Thippareddy, filed a claim before the Railway Claims Tribunal, Bangalore, seeking compensation for ...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed 'Untoward Incident' Under Section 123(c) of Railways Act, 1989. Station Master Memo Held Insufficient to Disprove Passenger Status When Valid Ticket Was Recovered.

The appellant, Suman Madhav Dhake, filed an appeal against the order of the Railway Claims Tribunal, Mumbai, which rejected her application for compen...

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Bombay High Court Allows Appeal in Railway Accident Case — Deemed Death as Untoward Incident Under Railway Claims Tribunal Act, 1987. Mother of Deceased Entitled to Compensation as Bona Fide Passenger Despite Absence of Ticket.

The case involves an appeal filed by the mother of the deceased, Arju Bharat Shende, against the dismissal of her claim for compensation by the Railwa...

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Bombay High Court Allows Appeal in Railway Accident Claim — Sets Aside Tribunal's Finding of Rashness. Death of Passenger Falling from Train at Station Held to be 'Untoward Incident' Under Section 124A of the Indian Railways Act, 1989.

The appellants, being the widow and sons of the deceased Vikram Darkonde, filed a claim application before the Railway Claims Tribunal seeking compens...

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Bombay High Court Dismisses Railways Appeal in Passenger Death Case. Strict Liability for Untoward Incident Under Railway Claims Tribunal Act, 1987 Upheld as Deceased Was Bona Fide Passenger.

The Union of India, General Manager, Central Railways, filed an appeal under Section 23 of the Railway Claims Tribunal Act, 1987, challenging the awar...