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Union of India (Uoi) Vs. Sanjay Sampatrao Gaikwad Etc.

Court : Mumbai

Subject : Civil

Acts : Railways Act, 1989 - Sections 2, 123, 123(1), 123C, 124A and 127

Reported in : 2004ACJ434; AIR2002Bom436; 2002(6)BomCR391

travelling by the train does not amount to an untoward incident as defined under Section 123(c) of the Railways Act, 1989, and therefore, the Railways are not liable to make payment of any compensation for the said incident as … carrying passengers, on any date or a valid platform ticket and becomes a victim of an untoward incident. Section 127 empowers the Claims Tribunal to determine the compensation payable in respect of the injury. For the purpose 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 … rate of compensation, namely, the quantum of amount to which the claimants are entitled to, is provided under Section 127 of the Act, which reads thus:Determination of compensation in respect of any injury or loss of goods.-(1) Subject

Union of India (Uoi) Through General Manager Vs. Ashokbhai Govindbhai ...

Court : Gujarat

Subject : Civil

Acts : Railways Act, 1989 - Sections 123 and 127; Railway Claims Tribunal Act, 1987 - Sections 124(A); Workmen's Compensation Act, 1923 - Sections 3; Motor Vehicles Act, 1988 - Sections 140 and 163A; Public Liability Insurance Act, 1991; Interest Act, 1978 - Sections 3; Code of Civil Procedure (CPC) - Sections 34; Arbitration Act, 1940 - Sections 9; Constitution of India - Article 38(1); Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 - Rule 3

Reported in : (2009)3GLR1845

raised contention before this Court that claimant has not made out any case of amount under provisions of Railways Act, 1989. He also raised contention before this Court that incident is not covered as an untoward incident as defined … application. The Tribunal could have awarded interest only after the compensation was determined by it and as per Section 127 of the Act, the railway authorities are liable to pay the amount to the claimants. Therefore, interest is

Union of India (Uoi) Vs. Satyawati and ors.

Court : Allahabad

Subject : InsuranceMotor Vehicles

Reported in : 3(2005)ACC889

filing of the claim petition. The limited question which has been urged is that under the provisions of Railways Act, 1989, the Tribunal was having no power to award interest to the claimants from the date of application. The … be awarded from the date of determination of the amount of compensation i.e., the date of the award. Section 127 of the Act has been pressed into service in support of the submission that the rate of compensation

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

Vijaya Kumar and Ors. : (2008)9SCC527 , in which, while considering the provisions of Sections 123(c)(2), 124A and 127 of the Railways Act, 1989 and the expression 'untoward incident' held that the provisions of Section 124A is … 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

Union of India (Uoi) Vs. Rajkot Municipal Corporation

Court : Gujarat

Subject : Municipal Tax

Acts : Constitution of India - Article 285 and 285(1); Bombay Provincial Municipal Corporation Act, 1949 - Sections 127, 129, 130, 131 and 132; Bombay Provincial Municipal Corporation Rules - Rules 39, 40 and 45(1); ;Railways Act, 1890 - Sections 135, 135(1) and 135(4); Railways (Amendment) Act, 1989 - Sections 184(1) and 184(4)

Reported in : AIR2003Guj87; (2002)3GLR904

the property occupied by the railway is concerned, there was no notification issued under Section 184(1) of the Railways Act, 1989, which corresponded to Section 135(1) of the Act of 1890. According to the petitioner, there was also no … the Bombay Provincial Municipal Corporation Act, 1949 relates to Municipal taxation. Property taxes are referred to in Section 127(1)(a) which the Corporation is empowered to impose. The property taxes comprise water tax, conservancy tax, general tax and

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, … empowers the Central Government to make Rules for payment of compensation in case of death and personal injuries. Section 127 exclusively deal with rates of compensation for injury and loss of goods. In pursuance of its said power,

Union of India (Uoi) Vs. Shri Bani Lal

Court : Delhi

Subject : Civil

Acts : Railways Act - Sections 124A and 127; Interest Act - Sectioins 3 and 5; Code of Civil Procedure (CPC) - Sections 34

Reported in : III(2004)ACC152; 2005ACJ1763; 112(2004)DLT928; 2004(72)DRJ44

costs upon the appellant. There are thus no merits in this appeal and the same is, accordingly, dismissed. Railways Act, 1989 - Section 127--Compensation--Interest--Jurisdiction of Railway Claims Tribunal--Death of bona fide passenger due to untoward incident--Award of compensation by

U.P.Power Corporation Ltd. and ors. Vs. Anis Ahmad

Court : Supreme Court of India

Subject : MRTP

any other law except that of the Consumer Protection Act, 1986, the Atomic Energy Act, 1962 and the Railways Act, 1989. iii) Section 42(8)of the Electricity Act specifically provides that the remedies conferred on consumer under sub-sections (5), (6) … However, it is his option to file complaint under the Consumer Protection Act or to file Appeal under Section 127 of the Electricity Act. ii) Further, against the final order passed by the Appellant Authority under Section 127

Torrent Power Aec Ltd. Vs. Gayatri Intermediates Pvt. Ltd.

Court : Gujarat

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 1 to 120 and 122 to 185; Electricity Act, 1910 - Sections 21(2), 26(6), 39 to 50; Electricity (Supply) Act, 1948 - Sections 49; Electricity Regulatory Commissions Act, 1998; Consumer Protection Act, 1986 - Sections 173; Atomic Energy Act, 1962; Railways Act, 1989; Gujarat Electricity Industry (Reorganization and Regulations) Act, 2003; Electricity (Supply) Rules, 1948; Electricity Rules, 1910; Code of Civil Procedure (CPC) - Order 47, Rule 1; Electricity Supply Code - Sections 7; Gujarat Electricity Regulatory Commission (Electricity Supply code and Related matters) Regulations, 2005 - Regulations 7, 7.1 to 7.4, 7.5, 7.6.1, 7.6.2 to 7.6.4, 7.6.5 to 7.6.8 and 7.7; Constitution of India - Articles 14, 20(1) and 226

Reported in : (2006)2GLR1580

other than this Act.Section 173 refers to the Consumer Protection Act, 1986, the Atomic Energy Act, 1962 and Railways Act, 1989.20.3 In view of the provisions of Sections 45, 50 and 62 of the Act, till 7th June … the manner prescribed in the Annexure - B.Regulation 7.5 is on the same lines as the provisions of Section 127.Annexure B to the Regulations contains detailed guidelines for assessment to be made under Regulation 7.2 including factors such