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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

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 … funeral charges. The total compensation was rounded to Rs. 35,000/-. 3. Learned Counsel for the appellant relied upon Section 140 of the Act and submitted that minimum compensation in case of no fault liability was enhanced from Rs.

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 … Vehicles Act, compensation is awarded under two heads viz., under 'No fault Liability' and under 'Fault Liability'. Under Section 140 of the Motor Vehicles Act, 1988, the liability to pay compensation under No fault Liability in cases of

Union of India (Uoi) Vs. Prabhakaran Vijaya Kumar and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Railways Act, 1989 - Sections 2(29), 123 and 124A; Workmen's Compensation Act 1923 - Sections 3; Motor Vehicles Act, 1988 - Sections 140 and 163A; Public Liability Insurance Act, 1991; Constitution of India - Article 38(1)

Reported in : 2008ACJ1895; 2008(5)ALLMR(SC)917; (2008)3GLR2400(SC); 2008(2)KLT700(SC); 2009(1)MhLj27; (2008)4MLJ323(SC); RLW2009(1)SC236; 2008(9)SCALE182; (2008)9SCC527; 2008AIRSCW4165; 2008ACJ1895; 2008(3)LH(SC)1872; JT2008(4)SC598; [2008] 7 SCR 673; MANU/SC/7608/2008

of insurance to workmen against certain risks of accidents.48. Similarly, Section 124A of the Railways Act 1989, Sections 140 and 163A of the Motor Vehicles Act, 1988, the Public Liability Insurance Act, 1991 etc. incorporate the principle … that this was not an 'untoward incident' within the meaning of the expression in Section 123(c) of the Railways Act, 1989 as it was not an accidental falling of a passenger from a train carrying passengers.9. In appeal, the

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 … negligence apply even in the case of deciding an untoward incident and the principle of absolute liability under Section 140 of Motor Vehicles Act, 1988 cannot be imported into provisions of Section 124A of the Act, and, such

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

risks of accidents.48. Similarly, Section 124A of the Railways Act 1989, Sections 140 and 163A of the Motor Vehicles Act, 1988, the Public Liability Insurance … 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 … also raised contention before this Court that incident is not covered as an untoward incident as defined in Section 123(c)(2) of the Railways Act, 1989. Learned Advocate Mr. Shastri also submitted it was a negligence on part

Delhi Jal Board Vs. Raj Kumar and ors.

Court : Delhi

Subject : Civil

Acts : Delhi Water Board Act, 1998 - Sections 9 and 14; ;Workmen's Compensation Act, 1923 - Sections 3; ;Railways Act, 1890 - Sections 82A; ;Railways Act, 1989 - Sections 124; ;Motor Vehicles Act, 1988 - Sections 140; ;Public Liability Insurance Act, 1991; ;Constitution of India - Article 38(1); ;Administrative Law, 1984

Reported in : IV(2005)ACC746; 2006ACJ1025; AIR2006Delhi75; 125(2005)DLT120; (2006)142PLR33

insurance to workmen against certain risks of accidents, vide AIR 1938 Nagpur 91.42. Similarly Section 82A of the Railways Act, 1890 (corresponding to Section 124 of the 1989 Act), Section 140 of the Motor Vehicles Act, 1988, etc.

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, … preferred and this Court held that the provisions under Section 124-A of the Act are somewhat similar to Section 140 of the Motor Vehicles Act, 1988 whereunder there is a 'no fault liability' for payment of a fixed

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 … Gupta and Anr. (Supra) the Calcutta High Court had an occasion to deal with the retrospective operation of Section 140 of the Motor Vehicles Act, as introduced by 1998 amendment. It is held that the said provision which

Union of India (Uoi) Vs. India Cements Ltd.

Court : Kerala

Subject : Civil

Reported in : 1996ACJ959

claim of compensation under Section 78-B of the Indian Railways Act, 1890, corresponding to Section 106 of the Railways Act, 1989, was sent to the railway authorities on 6.1.1992. The appellant, however, states that it was received on 24.1.1992. … authorities of the High Courts of Madras, Lahore, Bombay, Allahabad and Calcutta.The requirements of Section 77 read with Section 140, Indian Railways Act, 1890, are satisfied by serving a notice within the prescribed time on the Chief Commercial

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

of insurance to workmen against certain risks of accidents.48. Similarly, Section 124-A of the Railways Act, 1989, Sections 140 and 163-A of the Motor Vehicles Act, 1988, the Public Liability Insurance Act, 1991, etc. incorporate the principle … 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,