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Bombay High Court Allows Appeal in Railway Accident Case — Deemed Accidental Fall as Untoward Incident Under Section 123(c)(2) of Railways Act, 1989. Mother of Deceased Granted Compensation as Sole Dependent Despite Absence of Ticket, as Tribunal Erred in Concluding Unauthorized Presence.

The appellant, Smt. Rekha Dilip Sapkale, mother of the deceased Akash Dilip Sapkale, filed a claim before the Railway Claims Tribunal, Mumbai, seeking...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Deemed Fall from Train as Untoward Incident Under Section 124A of Railways Act, 1989. Recovery of Valid Monthly Season Ticket from Deceased's Body Establishes Bona Fide Passenger Status, Reversing Tribunal's Finding of Trespass.

The appellants, parents of the deceased Milind Balaram Sakpal, filed a claim for compensation under Section 124A of the Railways Act, 1989, alleging t...

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Bombay High Court Dismisses Challenge to Metro Fare Hike; Judicial Review Not Permitted Over Specialist Committee's Decision Under Metro Act. Fare Fixation Committee's Determination Based on Section 34 Prevails Over Contractual Fare Stipulations, Limited to Checking Arbitrariness or Perversity.

The writ petition challenged the Fare Fixation Committee's decision to increase Mumbai Metro fares from Rs.9-13 to Rs.10-110 from January 2015. The pe...

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Bombay High Court Allows Appeal in Railway Accident Case — Deemed Untoward Incident Under Section 123(c)(2) of Railways Act, 1989. Deceased Found to be Bonafide Passenger Based on Recovery of Tickets and Police Report.

The appeal was filed by the original applicants, who are dependents of the deceased Mr. Arogyaraj Chetiyar, challenging an order of the Railway Claims...

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Bombay High Court Allows Appeal Against Railway Claims Tribunal Rejection of Compensation for Untoward Incident. Held that strict proof of boarding train is not required under Section 124-A of Railways Act, 1989 and the claimant's version must be accepted unless rebutted by strong evidence.

The appellant, Nitin Navindas Hundiwala, a 75-year-old consultant, filed a claim for compensation under Section 124-A of the Railways Act, 1989, read ...

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Bombay High Court Allows Parents' Appeal in Railway Accident Compensation Case — Holds That 'Accidental Falling' Includes Falling Due to Dizziness or Fits, Not Only Bumping Against Objects. Tribunal Erred in Narrow Interpretation of 'Accidental Falling' Under Section 124A of Railways Act, 1989.

The appellants, parents of the deceased Arvind Sanas, filed an appeal against the judgment of the Railway Claims Tribunal, Mumbai Bench, which dismiss...

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Bombay High Court Grants Interim Relief to MMRDA in Metro Fare Dispute Under Section 9 of Arbitration Act. Court restrains Mumbai Metro One from revising fares higher than government-notified rates pending arbitration.

The Bombay High Court was hearing an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, filed by the Mumbai Metropoli...