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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 … 55,652/- from 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

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

of the amount. On 10th September, 1996, the appellants filed an application under the provisions of the Indian Railways Act, 1989 for compensation for the death of the deceased employee. According to the respondent, in the meantime, on 8th … 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 … first part of the section nugatory. The first part expressly provides that the right to claim compensation under Sections 124 and 124A shall not affect the right to recover compensation under the Workmen's Compensation Act, 1923. Therefore

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 … 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

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 … interest @ 7.5% from 07.06.2007.) 1. Appellant is employer of deceased Parameshwarappa. He has filed this appeal under Section 30 of the Workmen's Compensation Act, 1923 challenging the order passed by the Commissioner for Workmen's Compensation awarding

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 … 13-12-2004 on the ground that the judgments relied upon by the petitioners are not applicable and further under Section 6 of the Workmen's Compensation Act, the Authority is not vested with the power to review its own

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 … the case, determine to be reasonable.12. Apart 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 to claim compensation under the enabling

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

had 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

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 … 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 … inserted with effect from 1-8-1994. No doubt, as on the date of the incident i.e., 3-6-1993 the amended sections were not inserted in the Railways Act and they were inserted with effect from 1-8-1994 but the railways

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 … provisions of the said Act, more particularly the provisions of Sections 101, 128 and 129 thereof. Under Section 101, if a railway servant, when on … chaos and passengers were 'fighting their best to get into the train'. The passengers were sitting on joining sections between the two compartments and some were sitting even on outer part of the windows of the compartments

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 … THE COURT DELIVERED THE FOLLOWING: JUDGMENT1 Appellant is employer of deceased Parameshwarappa. He has filed this appeal under Section 30 of the Workmen’s Compensation Act, 1923 challenging the order passed by the Commissioner for Workmen’s Compensation awarding