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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, … person in any of the places within the precincts of a Railway station (as enumerated and defined in Section 123(c) of the Act) would entitle him to compensation, also falls for consideration.3. In Srinivasarao's case : 2001(3)ALD247 ,

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 General Manager, South Central Railway Vs. K. Narayana Rao

Court : Andhra Pradesh

Subject : Civil

Acts : Constitution of India - Article 227; Railways Act, 1989 - Sections 123, 124 and 124-A; Railway Claims Tribunal Act, 1987 - Sections 18; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(1); Evidence Act, 1872 - Sections 123 and 124; Motor Vehicles Act, 1988; Railway Claims Tribunal (Procedure) Rules, 1989 - Rules 5, 14, 20, 21, 21(3), 22 and 23; Andhra Pradesh Motor Vehicles Rules, 1989 - Rule 476(7); Code of Civil Procedure (CPC) , 1908

Reported in : I(2005)ACC239; 2005ACJ1249; AIR2004AP442; 2004(4)ALT464

the said contentions of both sides, it is necessary to have a glance at the relevant provisions of Railways Act, 1989. Section 123(c) reads as follows:' 'untoward incident' means- (1) (i) the commission of terrorist act within the meaning of

Smt. S. Devamma @ Devi Bai W/O Samya Naik and Thriveni D/O Samya Naik ...

Court : Karnataka

Subject : Civil

Acts : Railway Claims Tribunal Act, 1989 - Sections 16, 123, 124 and 124A; Railway Act, 1989 - Sections 123 and 124A; Railway (Amendment) Act

Reported in : 2009ACJ2427; ILR2009KAR472; 2009(2)KarLJ683:2009(1)KCCR268:2009(3)AIRKarR102:AIR2009NOC780

case on hand, the untoward accident was of the year 2001 i.e. subsequent to the amendment of the Railways Act, 1989. At the time of accident, the claimants were entitled for compensation of Rs. 4,00,000/- and death was due … of filing the application.2. An application was filed by the mother and sister of the deceased as per Section 16 of the Railway Claims Tribunal Act, 1989 (for short 'the Act') seeking to award compensation of Rs. … no cause of action as the application was not filed under Section 123(c)(2) or Section 124-A of Railway Act, 1989. A defence was also taken

The Union of India Owning Southern Railway. Vs. G.Jayalakshmi.

Court : Chennai

Subject : MRTP

Acts : Railways Act, 1989 - Section 123(c)(2), 124A; Railway Passengers (Manner of Investigation of Untoward Incidents) Rules, 2008 - Rule 6, 7, 10, 11

Therefore, it is contended that the incident does not come under the purview of Section 123(c)(2) of the Railways Act, 1989 (herein after referred to as the Act) and it will only amount to 'self-inflicted injuries' for which the

Jamirul Nisha and anr. Vs. Union of India (Uoi)

Court : Delhi

Subject : Civil

Acts : Railways Act, 1989 - Sections 123(2) and 124A

Reported in : 2009ACJ1393

dismissing the claim application of the appellants.2. Appellants had filed a claim application under Section 124A of the Railways Act, 1989 claiming compensation in sum of Rs. 6 lakhs on account of the death of Late Sh. Sarfaraj Khan … predicated upon the assumption that the death of the deceased was a result of an 'untoward incident'.33. Section 123(c)(2) of the Railways Act, 1989 provides that the accidental falling of any passenger from a train carrying passengers

Union of India (Uoi) Vs. Hemlata Mudoi

Court : Guwahati

Subject : Civil

Acts : Railways Act, 1989 - Sections 123 and 124A

from the running train which would be an untoward, incident within the meaning of Section 123 of the Railways Act, 1989. With this finding the compensation of Rs. 4,00,000 as per Schedule to Rule 3 of Railway Accident and

Union of India Vs. Sanjay

Court : Madhya Pradesh

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 123, 124-A, 154, 159 and 175; Indian Railways (Amendment) Act, 1994; Indian Railways Rules - Rules 115, 120, 130 and 131

Reported in : 2003ACJ1349; 2001(4)MPHT496

Tribunal has found that the case is that of accidental death as defined in Section 123(c)(2) of the Railways Act, 1989, and the Railway has failed to prove any exceptions or grounds of defence available to them as provided

Union of India (Uoi) Vs. N. Kantabai

Court : Andhra Pradesh

Subject : Service

Acts : Railway Claims Tribunal Act, 1987 - Sections 23; Railways Act, 1989 - Sections 123

Reported in : II(2004)ACC709; 2005ACJ1280; AIR2004AP228; 2003(6)ALD40

Matched in: Advocate B.H.R. Chowdary, SC for Railways K.S.N. Murthy, Adv.

Union of India (Uoi) Vs. Krishan Lal and ors.

Court : Delhi

Subject : Civil

Acts : Railways Act, 1989 - Sections 123 and 124A; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3 and 3(1)

Reported in : 2009ACJ2158; 149(2008)DLT457; (2008)151PLR1

the Tribunal on the first issue. 11. Pertaining to the second issue, it is to be noted that Section 123 of the Railways Act, 1989 defines, vide clause 'c', an 'untoward incident' as follows:(c) 'untoward incident' means-(1)(i) the … being crushed by the train from which she fell. Her husband and children filed a claim under the Railways Act, 1989 and sought compensation payable under the applicable Rules. Needless to state, 2 issues of substance were framed by