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Smt. M. Chandravathi and anr. Vs. Union of India (Uoi)

Court : Karnataka

Subject : Civil

Acts : Railways Act, 1989 - Sections 124, 124A and 125; ;Indian Railways Act, 1890 - Sections 82A, 82A(2) and 82C; ;Railway Claims Tribunal Act, 1987 - Sections 13, 13(1), 13(1A), 13I, 16, 17(2), 24, 123, 124 and 124A; Limitation Act - Sections 5; ;Railway (Amendment) Act, 1994 - Sections 124(A); Indian Railways Rules; ;Punjab Pre-emption Act, 1913; Haryana Pre-emption (Amendment) Act, 1995 - Sections 15; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(1); Industrial Disputes Act, 1947 - Sections 17B; Motor Vehicles Act, 1988 - Sections 140 and 217; Motor Vehicles (Amendment) Act, 1998; Motor Vehicles Act, 1939 - Sections 92A

Reported in : III(2005)ACC322; 2005ACJ1465; ILR2005KAR3671

Claims Tribunal rejecting the claim made by them seeking compensation under the provisions of Section 125 of the Railways Act, 1989, read with Section 123(c), 124 and 124(A) and Section 17(2) of the Railway Claims Tribunal Act, 1987.2. Relevant

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,

Kumari Savitri Roy Vs. Union of India

Court : Allahabad

Subject : Civil

Acts : Railways Act, 1890 - Sections 66, 68, 82A and 82F(2); Railways Act, 1989 - Sections 123 and 124; Workmen's Compensation Act, 1923 - Sections 2; Railway Accidents Compensation Rules, 1989; Railway Accidents Compensation Rules, 1950 - Rule 6

Reported in : I(1994)ACC418; 1994ACJ720; AIR1994All239

a passenger for the purposes of the liability of the Railways has been set at rest by the Railways Act 1989 wherein the explanation to S. 124 of the Railways Act 1989 corresponding to old Sec. 82-A of the … the meaning of Section 82-A of the Railways Act. Now the position is settled and the explanation of Section 124 of the Railways Act 1989 includes a Railway Servant on duty as 'passenger' in Section 82-A.16. I find

Shobha Wd/O Suresh Wankhede and ors. Vs. Union of India (Uoi)

Court : Mumbai

Subject : Civil

Acts : Railways Act, 1989 - Sections 123, 124, 124A, 128 and 128(1); Workmen's Compensation Act, 1923; Railways (Amendment) Act, 1994

Reported in : 2003ACJ569; 2002(4)MhLj349

Appeal, it would be necessary at the outset to refer to the provisions of Section 124 of the Railways Act, 1989. Section 124A provides as follows :'124A. Compensation on account of untoward incident.--When in the course of working a railway

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 platform at Gooty station and as such no compensation was payable in view of proviso (b) to Section 124 of the Railways Act, 1989. It was, however, admitted in the counter that II Class Ticket No.80584033 was … 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. … 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 that the deceased

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 … would be payable under the relevant provisions of the Railways Act, 1989. While construing the provisions of Section 124A of the aforesaid Act under which the claim for compensation had been made, this Court held that reference

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 … for definitions. Clause (a) of Section 123 defines 'accident' to mean an accident of the nature described in Section 124. Clause (c) of Section 123 defines untoward incident, thus :(c) 'untoward incident' means - (1)(i) the commission of

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 … Section 123(a) & (b) of the Act. The extent of liability of the railway administration is contemplated under Section 124 of the Act, which reads as under:Section 124 : Extent of Liability.-When in the course of working a

D.B. Avalakki and Another Vs. Union of India and Others

Court : Karnataka

Subject : Civil

Acts : Indian Railways Act, 1890 - Sections 82-A; Railway Accidents (Compensation) Rules, 1950; Railway Accidents (Compensation (Amended) Rules, 1984 - Rule 6; Railways Act, 1989 - Sections 124 and 129; Railway Accidents (Compensation) Rules, 1990 - Rule 3; Railway Claims Tribunal Act, 1987 - Sections 13, 18(3) and 30(2); Code of Civil Procedure (CPC), 1908 - Sections 34(1); Railway Accident (Compensation) Rules, 1989; Railways Claims Tribunal Rules, 1989 - Order XXXIII, Rule 32

Reported in : II(2000)ACC764; 2001ACJ1258; AIR2000Kant269; ILR2000KAR1613; 2000(4)KarLJ237

amount of compensation payable under Section 82-A of the Old Act (corresponding Section is 124 of the Indian Railways Act, 1989) is to be determined on the basis of the statutory rules as those stood on the date of