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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

Sanjay Sampatrao Gaikwad Vs. Union of India (Uoi)

Court : Mumbai

Subject : Civil

Acts : Railways Act, 1989 - Sections 24A, 123, 123C, 123C(1), 123(1), 124, 124A, 124(2), 124(3), 124(4), 125, 125(1) and 126; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(1) and 3(2); Indian Railways Act, 1890 - Sections 82; Indian Railways Rules - Rule 3; Railway Accident (Compensation) Rules, 1989

Reported in : II(2006)ACC424; 2006ACJ656; AIR2005Bom409

incident within the meaning of the said expression under Section 24A read with Section 123(C ) of the Railways Act, 1989, hereinafter called as 'the said Act'. The Tribunal had also awarded interest at the rate of 9% from … the expression 'untoward incident' and the nature of the incidents those are covered by the said expression.7. The Section 125(1) of the said Act provides that an application for compensation under Section 124 or under Section 124A may

Prabhu Chand Ram Vs. Union of India (Uoi) Through the General Manager, ...

Court : Patna

Subject : Civil

Nos. 46/D.A. II/D/1990 and 47/D.A. II/D/1990.3. In the meantime the Indian Railways Act, 1890, was repealed by the Railways Act, 1989, which came into force on 1.7.1990.4. By the impugned orders dated 13.12.1990 and 31.1.1991 respectively the aforesaid two … entitled to any compensation.5. Mr. P.N. Singh, counsel for the claimant-appellant in both the appeals, submitted that under Section 125 read with Section 123(b) of the 1989 Act, husband and/or father of the victim could file and maintain

The Union of India, Reptd. By Its General Manager, South Western Railw ...

Court : Karnataka

Subject : Land Acquisition

The amount in deposit is directed to be transmitted to the MACT forthwith. I.A.1/2012 is dismissed as Unnecessary. Railways Act, 1989 Section 125 Rail Accident Claim of compensation MACT, consequently held that in absence of evidence of respondent that driver of

S.K. Sharma Vs. the General Manager, Railway

Court : Madhya Pradesh

Subject : Civil

Reported in : 2007(2)MPLJ117

Railway Claims Tribunal/Mumbai at Bhopal in Case No. 626/97.2. An application was filed under Section 125 of the Railways Act, 1989 (hereinafter referred to as 'the Act') by appellant; S.K. Sharma claiming compensation of Rs. 1,40,000/- for the injuries

Achuthan Nair and Others Vs. Union of India, Represented by General Ma ...

Court : Kerala

Subject : Land Acquisition

Reported in : 2012(3)ILR(Ker)490; 2012(3)KLT514; 2012(3)KLJ337

by the claimants is against an order dismissing an application for compensation filed under Section 125 of the Railways Act, 1989, for short, 'Act'. 2. Heard the learned counsel for the appellants and the respective learned standing counsel for

Saraswati Das and anr. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Civil

Acts : Railways Act, 1989 - Sections 123 and 125

are to show that they were dependent upon the deceased.6. Reference may be also made to provisions of Section 125 of the Railways Act, 1989. The section is as under :- '125. Application for compensation.--(1) An application for … The learned counsel for the appellant submitted that in view of the provisions of Section 123 of the Railways Act, 1989, in presence of the wife and the child of the deceased, the parents of the deceased cannot claim

General Manager, South Central Railway, Secunderabad Vs. K. Narayana R ...

Court : Andhra Pradesh

Subject : Criminal

Acts : Railway Claims Tribunal Act, 1987 - Sections 18; Railways Act, 1989 - Sections 123, 124-A and 125; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3; Code of Civil Procedure (CPC), 1908; Evidence Act, 1872 - Sections 123 and 124

Reported in : II(2000)ACC41; 1999(6)ALD591; 2000(1)ALT645

Station and as such no compensation is payable in view of proviso (b) to Section 124 of the Railways Act, 1989. Though the Railway also took a formal objection putting the applicants to strict proof that the deceased was … carrying passengers, on any date or a valid platform ticket and becomes a victim of an untoward incident.' Section 125 provides that an application for compensation under Section 124 or Section 124-A may be made to the Railway

K.K. Pushpakaran Vs. Union of India (Uoi)

Court : Kerala

Subject : Civil

Acts : Indian Railways Act, 1890 - Sections 78B; Railways Act, 1986 - Sections 108; Railways Act, 1989 - Sections 124A and 125; Railway Claims Tribunal Act, 1987 - Sections 13(1), 13(1A), 16, 17, 17(2) and 18(3); Limitation Act, 1963 - Sections 3, 4 to 24 and 29(2); Kerala Buildings (Lease and Rent Control) Act; Shops and Establishments Act; Contempt of Courts Act; Bihar and Orissa Co-operative Societies Act; Hyderabad Municipal Corporation Act, 1956; Companies Act - Sections 111; Code of Civil Procedure (CPC) , 1908; Railway Claims Tribunal (Procedure) Rules, 1989 - Rule 18

Reported in : 2008ACJ2469; AIR2008Ker107

Ernakulam Bench claiming a compensation of Rs. 4,00,00/-for the demise of their son in a train accident, under Section 125 of the Railways Act, 1989 read with Section 16 of the Railway Claims Tribunal Act. The application was … Tribunal. Section 13(1-A) is regarding claims for compensation payable by the railway administration under Section 124A of the Railways Act, 1989. Section 17 provides for time of limitation for filing application before the Tribunal and Section 17(1)(c) provides that claim

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 … necessary due to injury caused by the said untoward incident.9. The application for claiming compensation is provided under Section 125 of the Act, which is extracted below:Application for Compensation.-(1) An application for compensation undo' Section 124 (or Section