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Union of India (Uoi) Vs. Satish Patidar and anr.

Court : Madhya Pradesh

Subject : Civil

Acts : Railways Act, 1989 - Sections 17, 123, 123C and 124A; Railways (Amendment) Act, 1994; Railways Claims Tribunal Act, 1987 - Sections 17 and 17(1)

Reported in : 2003ACJ2081; AIR2003MP205; 2003(4)MPLJ306

is barred by limitation. It was also contended by the Union of India that Section 124A of the Railways Act, 1989 (hereinafter referred to as the 'Act of 1989), providing for compensation on account of an untoward incident was … retrospective effect.9. We are mainly concerned with two provisions of the Act of 1989 which are enshrined in Sections 123 and 124A and two Sections of the Act of 1987 namely, Sections 13 and 17. Section 123

Union of India (Uoi) Vs. M. Thankaraj and Etc. Etc.

Court : Kerala

Subject : Civil

Acts : Railways Act, 1989 - Sections 124A, 126 and 129; General Clauses Act, 1897 - Sections 5, 22, 24 and 24A; Railways Accidents and Untoward Incidents (Compensation) Rules, 1990 - Rule 3(4); Railways Accidents and Untoward Incidents (Compensation) (Amendment) Rules, 1997; Code of Civil Procedure (CPC) , 1908 - Sections 34

Reported in : 2000ACJ651; AIR2000Ker91

915 of 1998 is partly allowed. Civil - quantum of compensation - Sections 124A, 126 and 129 of Railways Act, 1989, Sections 5, 22, 24 and 24A of General Clauses Act, 1897, Rule 3 (4) of Railway Accidents and Untoward

Shree Shyam Agency. Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Railways

Acts : Railway Claims Tribunal Act, 1987 - Sections 16, 82A; Railways Act, 1989 - Sections 124A, 61, 62, 87(2); Indian Evidence Act, 1872 - Sections 123,124; General Clauses Act, 1897 - Section 22; Railways (Manner of Delivery of Consignments AND Sale Proceeds in the Absence of Railway Receipt), Rules, 1990

Reported in : (2013)1SCC283

shall also exercise, on AND from the date of commencement of the provisions of section 124A of the Railways Act, 1989 (24 of 1989), all such jurisdiction, powers AND authority as were exercisable immediately before that date by any … [K.S. Radhakrishnan; Dipak Misra, JJ.] Railway Claims Tribunal Act, 1987 - Sections 16, 82A; Railways Act, 1989 - Sections 124A, 61, 62, 87(2); Indian Evidence Act, 1872 - Sections 123,124; General Clauses Act, 1897 - Section 22; Railways

Union of India (Uoi) Vs. Hemlata Mudoi

Court : Guwahati

Subject : Civil

Acts : Railways Act, 1989 - Sections 123 and 124A

from the running train which would be an untoward, incident within the meaning of Section 123 of the Railways Act, 1989. With this finding the compensation of Rs. 4,00,000 as per Schedule to Rule 3 of Railway Accident and … does not fall under any of the exceptions under proviso to Section 124A of the Railways Act and, therefore, the compensation could not have been … P.P. Naolekar, C.J. 1. An application under Section 16 of the Railway Claims Tribunal Act, 1'987 was, filed by Smt. Hem Lata Mudoi, mother of the

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

but is a sort 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

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 … way.18. In Rathi Menon v. Union of India 2001 SCC (Crl.) 1311, the apex Court, while dealing with Sections 124A, 123(C)(2), 125, 127 and 129 of the Act, for the purpose of determination of compensation on account of

Rathi Menon Vs. Union of India

Court : Supreme Court of India

Subject : Motor Vehicles

Acts : Railways Act, 1989 - Sections 19, 123, 124A, 126 and 129; Railway (Amendment) Act, 1994; Railway Accident Compensation Rules 1990 - Rule 3 (1); Workmen's Compensation Act, 1923 - Sections 4

Reported in : I(2001)ACC453; 2001ACJ721; AIR2001SC1333; JT2001(3)SC457; 2001(2)KLT12(SC); (2001)3MLJ1(SC); 2001(2)SCALE432; (2001)3SCC714; [2001]2SCR365; 2001(2)LC1053(SC)

her by the Claims Tribunal. 13. Appellant's claim for the compensation was based on Section 124A of the Railways Act 1989 (for short 'the Act'). The said Section itself was introduced as per Railway (Amendment) Act 28 of 1994. … annum from 27.6.1997 (the date of the order passed by the Claims Tribunal). Motor Vehicles - claim - Sections 124A and 126 of Railways Act, 1989 - claimant sustained injury while traveling in train - right of any

Sumatidevi M. Dhanwatay Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Consumer Protection Act, 1986 - Sections 3; Indian Railways Act, 1989 - Sections 100, 103 and 124A; Constitution of India - Article 21; Railways Act, 1890 - Sections 80

Reported in : AIR2004SC2368; 2004(5)ALLMR(SC)544; 2004(2)AWC2136(SC); 2004(52)BLJR1179; (SCSuppl)2004(4)CHN86; II(2004)CPJ27(SC); JT2004(4)SC537; 2004(4)SCALE607; (2004)6SCC113

therefore, it appears appropriate to us to give a quietus to this litigation now.'6. This apart, under Section 124A of the Railways Act, 1989, the Railway administration cannot escape the liability having regard to the facts and … advanced that the complaint was not maintainable under the provision of Sections 100 and 103 of the Indian Railways Act, 1989. The State Commission has categorically recorded a finding that there was deficiency in service on the part of

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

Court : Kerala

Subject : Civil

Acts : Railways Act, 1989 - Sections 123 and 124A; Railway Accidents and Untoward Incidents (Compensation) Rules, 1990

Reported in : AIR2009Ker134

Matched in: Advocate T.P.M. Ibrahim Khan, Sr. SC., Railways

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 … requiring the discovery and production of documents; c) receiving evidence on affidavits; d) subject to the provisions of Sections 123 and 124 of the Indian Evidence Act, 19872 (1 of 1872), requisitioning any public record or document