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Union of India (Uoi) Vs. Konduru Venkata Reddy

Court : Andhra Pradesh

Subject : Motor Vehicles

Acts : Railways Act, 1989 - Sections 123, 123(C)(2), 124, 124A, 125, 126, 127, 128, 128(1) and 129; Workmen's Compensation Act, 1923; Motor Vehicles Act, 1988 - Sections 140 and 171; Consumer Protection Act, 1986 - Sections 14; Interest Act, 1978; Code of Civil Procedure (CPC) - Sections 34, 34(1) and 34(2)

Reported in : 2009ACJ1765; AIR2008AP211; 2008(5)ALD272; 2008(5)ALT172

with it.6. At the outset, it would be relevant to take note of the relevant provisions of the Railways Act, 1989, (for short 'the Act') regarding liability of the railway administration to pay compensation on account of death or … of the railway administration to pay compensation on account of death or injury to passengers due to accidents. Chapter XIII of the Act deals with the same, and after defining the expressions, 'accident' 'dependent' 'untoward accident' etc., … either way.18. In Rathi Menon v. Union of India 2001 SCC (Crl.) 1311, the apex Court, while dealing with Sections 124A, 123(C)(2), 125, 127 and

Roshan Lal and anr. Vs. Uoi

Court : Delhi

Subject : Railway

Acts : Railways Act, 1989 - Sections 123(c), 124A - Chapter 13

own negligence it will not have any effect on the compensation payable under Section 124A of the Act.6. Chapter XIII of the Railways Act, 1989 deals with the Liability of Railway Administration for Death and Injury to … effect on the compensation payable under Section 124A of the Act.6. Chapter XIII of the Railways Act, 1989 deals with the Liability of Railway Administration … The learned counsel for the appellant submits that in view of language of Section 124 (A) of the Railways Act 1989 even in the circumstances as has been arisen out of the incident which has caused death of the

The Union of India Owning Southern Railway. Vs. the Addl. Registrar, R ...

Court : Chennai

Subject : Criminal

Acts : Railways Act, 1989 - Section 123 (c)(2), 124-A, 2(29), 129; Code of Criminal Procedure(CrPC) - Section 174; Railway Rules 1990 - Rule 4, 124

accidental death, which is an 'untoward incident' as per Section 123 (c) (2) and Section 124-A of the Railways Act, 1989, respondents 2 and 3 as his dependents are entitled to the maximum compensation of Rs.4,00,000/-.7. According to Mr.T.S.Rajamohan, … the running of trains, Railway Administration, claiming of compensation for death or other causalities in a train accident. Chapter XIII of the Act deals with the railway "accident" and 'untoward incident' and liability of Railway Administration for … of compensation for death or other causalities in a train accident. Chapter XIII of the Act deals with the railway "accident" and 'untoward incident' and

TahazhaThe Purayil Sarabi and ors. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : Civil

Acts : Railways Act, 1989 - Sections 123, 123(2), 124, 124A and 127; Motor Vehicles Act, 1988 - Sections 166; Code of Civil Procedure (CPC) , 1908 - Sections 34 - Order 11, Rule 2; Interest Act, 1978 - Sections 3; Railway Claims Tribunal Act, 1987 - Sections 16; Negotiable Instruments Act, 1881; Banking Companies (Acquisition and Transfer of Undertakings) Act 1970; Arbitration Act, 1940 - Sections 9; Indian Penal Code (IPC) - Sections 392

Reported in : 2009ACJ2444; AIR2009SC3098; 2009(4)AWC3171(SC); JT2009(8)SC515; 2009(8)SCALE545; (2009)7SCC372; 2009AIRSCW4984

order dated 26th March, 2007, allowed the application in part and in terms of Section 123(c) of the Railways Act, 1989, directed the Union of India and its authorities to pay to the appellants herein compensation of Rs. 4 … application to the Claims Tribunal, the right to receive compensation is contained in Sections 124 and 124A comprising Chapter XIII of the 1989 Act dealing with the liability of the Railway Administration for death and injury to … Altamas Kabir, J.1. Leave granted.2. On 13th November, 1998, one Kunhi Moosa, the husband of the Appellant No. 1,

Setu Niket Vs. Union of India and Others

Court : Delhi

Subject : Land Acquisition

Railways Act, 1989 (hereinafter referred to as the Act') has been enacted repealing the Indian Railways Act, 1890. Chapter XIII of the Act, comprising Sections 123 to 129, deals with the liability of Railway Administration for death … way of Public Interest Litigation is filed with the following prayers:- (a) to quash Section 129 of the Railways Act, 1989 as ultra vires Article 14 and 21 of the Constitution; (b) to quash the Railway Accidents and Untoward … creating a speedy remedy of adjudicating claims arising against Railway administration. Section 13 of the RCT Act, 1987 which provides for the jurisdiction, powers and

M.P. Mahanteshwari and Others Vs. Union of India

Court : Karnataka

Subject : Land Acquisition

it in its reply statement. AW-1 is an eye witness and her evidence probablises the untoward incident. 17. Chapter XIII of the Railways Act, 1989 deals with the Liability of Railway Administration for Death and Injury to … A.N. VENUGOPALA GOWDA, J: 1. Appellants filed a claim petition under Section 16 of the Railways Act, 1989 (for short ‘the Act’) before the Railway Claims Tribunal, Bangalore Bench, (hereinafter referred to as ‘the Tribunal’) being … 3705 and Balagoni Siva Prasad Vs. Union of India - 2009 ACJ 1332. 7. Sri N.S. Sanjay Gowda, learned Counsel appearing for the respondent, on

Union of India (Uoi), South Central Railways Vs. Kurukundu Balakrishna ...

Court : Andhra Pradesh

Subject : Civil

Acts : Railways Act, 1989 - Sections 123(1), 123(2) and 124A; Constitution of India - Article 141; Evidence Act, 1872

Reported in : II(2004)ACC591; 2004ACJ529; 2004(1)ALD449; 2004(1)ALT100

was either injured or had died, was entitled to compensation from the Railways under Section 124-A of the Railways Act, 1989, (the Act) is the question that in substance arises for consideration in this reference. Incidentally whether wrongful, careless, … not having been excluded for entitlement to compensation, the provisions of the Act should receive a similar construction.37. Chapter II of the Workmen's Compensation Act, 1923 deals with workmen's compensation. Section 3 therein enacts that if a … Constitution.10. In another case the Railway Claims Tribunal, Secunderabad, in OAA No. 137/96 allowed the claim of the wife of a deceased passenger by its

Union of India (Uoi), Secunderabad Vs. B. Koddekar and anr.

Court : Andhra Pradesh

Subject : Civil

Acts : Railway Claims Tribunal Act, 1987 - Sections 18, 23, 123(C) and 124(A); Railways Act, 1989 - Sections 2, 123 and 124A; Terrorist and Disruptive Activities Prevention Act, 1987 - Sections 3(1); Evidence Act, 1872 - Sections 123 and 124; Motor Vehicles Act, 1988 - Sections 140

Reported in : 2003ACJ1286; AIR2003AP23; 2002(4)ALT310

persons could be held to be an untoward incident falling within the ambit of Section 123(c) of the Railways Act, 1989 ? 2) Whether the applicants-respondents in these appeals are entitled for compensation under Section 124A of the Railways … 28 of 1994) was brought to Sec.123. Under clause 'c' the expression 'untoward incident' was also brought under Chapter 13, which provides for determination of liability on the Railway Administration, for the death and injury to the passengers

Bhagaban Dey Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : Civil

Acts : Railways Act, 1989 - Sections 30, 33, 36, 37, 43, 48, 70, 72(2), 72(3), 72(4), 73, 78, 79, 82 and 83

Reported in : AIR2010Cal13

Mr. Das, Counsel for the respondents, in view of the provisions of Sections 33 and 36 of the Railways Act, 1989, against the demands the petitioner's remedy, if any, is only before the Tribunal. He has relied on Jagit … Tribunal, and the Tribunal shall hear and decide any such complaint in accordance with the provisions of this Chapter.6. Mr. De has argued that questioning the punitive and the wharfage charges the petitioner could not file a

Rathi Menon Vs. Union of India

Court : Supreme Court of India

Subject : Motor Vehicles

Acts : Railways Act, 1989 - Sections 19, 123, 124A, 126 and 129; Railway (Amendment) Act, 1994; Railway Accident Compensation Rules 1990 - Rule 3 (1); Workmen's Compensation Act, 1923 - Sections 4

Reported in : I(2001)ACC453; 2001ACJ721; AIR2001SC1333; JT2001(3)SC457; 2001(2)KLT12(SC); (2001)3MLJ1(SC); 2001(2)SCALE432; (2001)3SCC714; [2001]2SCR365; 2001(2)LC1053(SC)

her by the Claims Tribunal. 13. Appellant's claim for the compensation was based on Section 124A of the Railways Act 1989 (for short 'the Act'). The said Section itself was introduced as per Railway (Amendment) Act 28 of 1994. … is empowered by the said provision to make rules by notification 'to carry out the purposes of this chapter'. It is evident that one of the purposes of this chapter is that the injured victims in railway