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Smt. Sofia Bebum and ors. Vs. General Manager, South Central Railway

Court : Karnataka

Subject : Civil

Acts : Railways Act, 1989 - Sections 128

Reported in : ILR1995KAR582

six months from today. In the circumstances of the case, there shall be no order as to costs. RAILWAYS ACT, 1989 (Central Act No. 24 of 1989) - Section 128 - Multiple applications barred : No claim made under

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 application for compensation under the Railways Act, 1989 was not maintainable by virtue of the provisions of Section 128(1) of the Act on the ground that the applicants had claimed compensation under the Workmen's Compensation Act, 1923

Smt. Sofia Begum and ors. Vs. General Manager, South Central Railway

Court : Karnataka

Subject : Labour and Industrial

Acts : Railways Act, 1989 - Sections 82 and 128; Railways Claims Tribunal Act, 1987 - Sections 22A

Reported in : II(1995)ACC443; 1995ACJ433; 1995(3)KarLJ146; (1995)IILLJ1158Kant

while interpreting the provisions of Section 82 of the old Act which corresponds with Section 128 of the 1989 Railways Act. I do concede, that the legislative intent needs to be taken cognizance of and that more … the Labour Officer-cum-Commissioner under the Workmen's Compensation Act, Hubli. Relying on the provisions of Section 128(1) of the Railways Act, the Tribunal held that it is not permissible for the claimant who has once received compensation to claim

C.P. Sundar Raj Vs. Nethravathy and Another

Court : Karnataka

Subject : Labour and Industrial

under the provisions of the Workmen's Act in the wake of the award passed under the provisions of Railways Act, 1989 (Act No.24 of 1989) by the Railway Claims Tribunal is tenable in law? 6. As per Section 128

Preet Comforts and Anr. Vs. Commissioner for Workmen's Compensation an ...

Court : Andhra Pradesh

Subject : Civil

Acts : Workmen's Compensation Act, 1923 - Sections 6 and 30; Railways Act, 1989 - Sections 124, 124A, 128, 128(1) and 128(2); Motor Vehicles Act - Sections 167

Reported in : 2008ACJ2797; 2007(5)ALD824; [2007(115)FLR1015]

very petition in W.C. No. 52 of 1999 is not maintainable in view of Section 128 of the Railways Act, 1989. Secondly, assuming that such a petition is maintainable, in view of the fact that respondents 3 and 4

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 … from the aforesaid provisions under the Chapter XIII of the Act, Sections 128 and 129 of the Act provide that the right of any person … of the Act deals with the same, and after defining the expressions, 'accident' 'dependent' 'untoward accident' etc., under Section 123(a) & (b) of the Act. The extent of liability of the railway administration is contemplated under Section

Smt. Ramwati Vs. Sh. YamIn and ors.

Court : Delhi

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 140 and 173; Motor Vehicles (Amendment) Act, 1994; Railways Act, 1989 - Sections 124, 124A, 128 and 129; Railway (Amendment) Act, 1994; Workmens Compensation Act, 1923 - Sections 4A; Motor Vehicles Act, 1939; Motor Vehicles (Amendment) Act, 1969; Railway Accidents (Compensation) Rules, 1990; Railway Accidents and untoward Incidents (Compensation) Rules, 1999

Reported in : II(2006)ACC704; 2007ACJ1221; 129(2006)DLT590; 2006(89)DRJ352

taken place in 1996, before the compensation was enhanced with effect from 1st November, 1997. Referring to Sections 128, 124 and 124A of the Railways Act, 1989 and it was held that compensation payable under the Act … India : [2001]2SCR365 , the Supreme Court examined the question of compensation payable under the provisions of the Railways Act, 1989 with reference to Section 124A that was introduced by Railway (Amendment) Act, 28 of 1994 for awarding of

Union of India (Uoi), Rep. by the General Manager, South Central Railw ...

Court : Andhra Pradesh

Subject : Civil

Acts : Railway Claims Tribunal Act, 1987 - Sections 2, 13(1), 16, 17, 17(2), 23 and 24; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(1); Railways Amendment Act, 1994 - Sections 13(1); Railways Act, 1989 - Sections 123, 124, 124A, 125 and 128; Railway Claims Procedure Rules, 1989; Railway Accident Compensation Rules, 1990

Reported in : III(2006)ACC652; 2006ACJ1470; AIR2005AP444; 2005(5)ALT541

Section 17(2) of the Railway Claims Tribunal Act. Therefore, a combined reading of Sections 123(c), 124A, 125 and 128 of Railways Act, 1989 read with Sections 2(n), 13(1)(a), 16 and 17 of the Railway Claims Tribunal Act, … place on 3-6-1993 and as such the same does not attract the provisions of Section 124A of the Railways Act, 1989 as contended by the applicant and therefore, the tribunal has no jurisdiction to entertain the application. Without admitting

Pushpaben Jitendrakumar Shah and ors. Vs. Union of India (Uoi) and ors ...

Court : Gujarat

Subject : Civil

Acts : Indian Railways Act, 1890 - Sections 47, 63, 93, 101, 109 and 109(1); Railways Act, 1989 - Sections 47, 47(1), 66(1), 67, 67(1), 67(2), Rules 95, 96, 102, 114, 115, 115(b), 120, 121, 128, 129, 130, 131, 137, 138, 150 and 163

Reported in : II(2005)ACC185; 2005ACJ191; AIR2004Guj370; (2004)3GLR2206

was applicable in the instant case, since the accident occurred prior to the coming into force of the Railways Act, 1989), the railway administration was bound to fix and display the maximum number of passengers that may be carried … extend to two years, or with fine which may extend to five hundred rupees, or with both. Under Section 128 of the Act, endangering or causing to be endangered the safety of any person traveling by railway, by

Sri C P Sundar Raj Vs. Smt Nethravathy

Court : Karnataka

Subject : Land Acquisition

under the provisions of the Workmen’s Act in the wake of the award passed under the provisions of Railways Act, 1989 (Act No.24 of 1989) by the Railway Claims Tribunal is tenable in law?.6. As per Section 128 of