Search Results for "Railway Claims Tribunal Act 1987"

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Search Results for "Railway Claims Tribunal Act 1987"

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High Court

Bombay High Court Dismisses Railway Appeal in Compensation Claim for Passenger Death. Death of a bona fide passenger from a moving train due to sudden jerk constitutes an 'untoward incident' under Section 123(c) of the Railways Act, 1989, and the Railway Claims Tribunal correctly awarded compensation under Section 16 of the Railway Claims Tribunal Act, 1987.

22 Apr 2024

The case involves an appeal filed by the Union of India (the Railway) under Section 23 of the Railway Claims Tribunal Act, 1987, challenging the judgm...

High Court

High Court of Bombay at Nagpur Allows Appeal in Railway Accident Claim — Injured Passenger Entitled to Compensation for Amputation. Bona Fide Passenger Status Established Despite Lost Ticket; Sudden Jerk Leading to Fall Constitutes Untoward Incident Under Section 123(c) of Railways Act, 1989.

20 Feb 2024

The appellant, Kishor Vishnu Bondre, filed a claim before the Railway Claims Tribunal, Nagpur, seeking compensation for injuries sustained in a train ...

High Court

Bombay High Court Allows Appeal in Railway Compensation Case — Deemed Untoward Incident Under Section 16 of Railway Claims Tribunal Act, 1987. Death of a bona fide passenger falling from a train is an untoward incident, and the Railway Claims Tribunal erred in dismissing the claim based on lack of ticket recovery.

5 Feb 2024

The case involves an appeal filed by the legal heirs of Shrikrushna Dode, who died after falling from a moving train. The appellants claimed that on 1...

High Court

Bombay High Court Allows Appeal in Railway Accident Compensation Case — Parents of Deceased Passenger Entitled to Compensation. Death of a bona fide passenger due to accidental fall from train constitutes an 'untoward incident' under Section 124A of the Railways Act, 1989, and the Railway is liable to pay compensation.

2 Feb 2023

The present appeal was filed by the original claimants, Vijay Namdev Barde and Sunana Vijay Barde, parents of deceased Akash Vijay Barde, challenging ...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim Case — Dependents of Deceased Granted Compensation for Untoward Incident. Death of a passenger at railway station while waiting to receive his son is an 'untoward incident' under Section 124A of the Railways Act, 1989, and the burden of proving exception lies on the Railways.

2 Jan 2023

The appellants, dependents of the deceased Pruthviraj Gajbhiye, filed an appeal under Section 23 of the Railway Claims Tribunal Act, 1987, against the...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim Case Due to Failure to Consider Evidence. Tribunal's Rejection of Compensation Claim Set Aside as Deceased Was a Bona Fide Passenger and Death Occurred Due to Accidental Fall from Train.

20 Oct 2022

The appellants, sons of the deceased Dhondabai, filed a claim petition before the Railway Claims Tribunal, Nagpur, seeking compensation for the death ...

High Court

High Court of Bombay Allows Appeal Against Railway Claims Tribunal Order Rejecting Condonation of Delay in Claim Application for Compensation Under Railway Claims Tribunal Act, 1987 — Untoward Incident Death of Passenger. The Court held that the Tribunal ought to have condoned the delay of 1380 days as the explanation regarding pendency of criminal proceedings and need to arrange funds constituted sufficient cause under Section 16 of the Railway Claims Tribunal Act, 1987.

13 May 2022

The appellant, Nishant Devrao Wasnik, filed a claim application before the Railway Claims Tribunal, Nagpur Bench, seeking compensation for the death o...

High Court

Bombay High Court Allows Revision Against Deficit Court Fee Demand in Railway Claims Tribunal Appeal. Fixed Court Fee of Rs.25 Held Applicable Under Article 3 of Schedule II of Maharashtra Court Fees Act, 1959 for Appeals Under Section 23 of Railway Claims Tribunal Act, 1987.

2 Aug 2017

The applicants, dependants of deceased Rajanna Linganna Akitwar who died in an untoward incident of falling from a train on 23.04.2012, filed a claim ...

High Court

Bombay High Court Allows MSEB's Appeal and Dismisses Railway's Appeal in Goods Damage Claim — Railway Administration Held Liable for Negligence in Transit. Carrier's Duty of Care Under Section 72 of Railways Act, 1989 Requires Proof of Reasonable Care; Failure to Provide Open Wagon Cover or Proper Handling Constitutes Negligence.

8 May 2014

The case involves two cross-appeals arising from a common judgment of the Railway Claims Tribunal, Nagpur, concerning damage to a consignment of elect...

High Court

High Court of Bombay at Goa Allows Writ Petition of Retired Judicial Member of Railway Claims Tribunal — Notification Denying Pension Quashed as Ultra Vires and Unconstitutional. Pension is a right under Article 300A and denial without authority of law is arbitrary and violative of Articles 14 and 16.

7 May 2012

The petitioner, Prabhakar H. Parab, a retired Judicial Member of the Railway Claims Tribunal, filed a writ petition under Article 226 of the Constitut...

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