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Search Results for "railway accident claim"

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High Court

Madras High Court Partially Allows Insurance Company's Appeal and Dismisses Claimants' Cross-Objection in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Lack of Proof of Income. The court upheld the Tribunal's finding of 50% contributory negligence but reduced the notional income and set aside future prospects, resulting in a reduced award of Rs. 13,76,000/-.

5 Feb 2026

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, a 55-year-old vegetable vendor, who died in a...

Supreme Court

Supreme Court Allows Compensation Claim for Deceased Passenger in Railways Act Case — Bona Fide Passenger Status Established Despite Missing Ticket. The Court held that circumstantial evidence, including police inquest report and witness testimony, can prove passenger status under Section 124A of the Railways Act, 1989.

1 Jan 2026

The appellant, Lata, wife of the deceased Chandrakant Thakkar, filed a claim for compensation under the Railways Act, 1989 after her husband fell from...

Supreme Court

Supreme Court Allows Compensation Claim for Railway Accident Death Under Section 124A of Railways Act, 1989 — Bona Fide Passenger Presumption Applies When Ticket Found on Body. The court held that the death of a passenger who fell from a train due to jolting and crowd is an untoward incident, and the railway is strictly liable to pay compensation.

5 May 2023

The case involves an appeal by the claimants (widow and children of the deceased) against the dismissal of their compensation claim by the Railway Cla...

High Court

High Court of Bombay Upholds Railway Claims Tribunal Award in Favour of Deceased Vendor's Family — Fall from Train Due to Jerk Constitutes Untoward Incident Under Section 124A of Railways Act, 1989. The court held that the railway administration failed to prove the exception of self-inflicted injury, and the death of a passenger selling articles in a train is an untoward incident attracting strict liability.

1 Jul 2017

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

High Court

Bombay High Court Allows Appeal in Railway Accident Compensation Case — Deemed Deceased a Bonafide Passenger Based on Circumstantial Evidence. Section 124A of the Railways Act, 1989 does not require strict proof of ticket purchase; presumption of bonafide passenger arises from credible oral testimony and surrounding circumstances.

20 Jun 2017

The appellants, parents and minor brother of deceased Ravi, filed a claim petition before the Railway Claims Tribunal, Nagpur, seeking compensation of...

High Court

High Court of Karnataka Allows Appeal in Railway Accident Compensation Case — Deemed Passenger Status Upheld Despite Absence of Ticket. Death of a passenger due to falling from a train due to overcrowding is an 'untoward incident' under Section 124A of the Railways Act, 1989, and the burden of proof on the railway to show negligence or criminal act is high.

30 Jun 2016

The case involves an appeal by the widow, mother, and two minor children of the deceased, Chikkanahalli Mahaboob Basha Alias Basha Sab, who died in a ...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim Case — Valid Ticket Recovery Establishes 'Untoward Incident' Under Railway Claims Tribunal Act, 1987. The Court held that recovery of a valid ticket from the deceased's body shifts the burden on the railway to prove that the death was not an untoward incident under Section 124A of the Railways Act, 1989.

5 Feb 2015

The appellant, Smt. Nirmala Pravinchandra Soni, mother of the deceased Kiran Pravinchandra Soni, filed a claim before the Railway Claims Tribunal, Mum...

High Court

Bombay High Court Allows Appeal in Railway Accident Compensation Case — Deemed 'Passenger' Under Railways Act Despite Free Pass. Free travel pass issued by Railway Recruitment Board constitutes valid ticket for 'untoward incident' compensation under Section 124A of Railways Act, 1989.

5 Jul 2010

The appellant, Smt. Vaishali wd/o Nitesh Bhalerao, filed a claim for compensation of Rs. 7 lakhs before the Railway Claims Tribunal, Nagpur Bench, fol...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Deceased a Bona Fide Passenger Based on Circumstantial Evidence. Parents of 18-year-old who fell from train entitled to compensation under Section 124A of the Railways Act, 1989 despite absence of ticket.

22 Feb 2005

The appellants, parents of deceased Prasad Narshima Purohit, filed a claim petition before the Railway Claims Tribunal seeking compensation of Rs.4,00...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim — Negligence of Driver Proved, No Contributory Negligence by Deceased. Deceased was a pillion rider on motorcycle hit by truck; court held that mere presence of pillion rider on motorcycle does not imply contributory negligence.

30 Nov -0001

The case arises from a motor accident claim filed by the appellants, who are the legal heirs of the deceased pillion rider. The deceased was riding as...

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