Back
BHARATI DANGRE
Nitin Navindas Hundiwala – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. The present Appeal is filed by the appellant, being aggrieved by rejection of his Claim Application by the Railway Claims Tribunal, Mumbai Bench, vide judgment dtd. 17/7/2013. The claim being filed u/s.16(1) read with Sec. 13(1-A) of the Railway Claims Tribunal Act, 1987 and Sec. 124-A of the Railways Act, 1989, sought compensation to the tune of Rs. Four lakhs from the respondent Railway on account of the injuries sustained by the appellant in an untoward incident alleged to have taken place on 23/11/2011. Heard learned counsel Ms.Chaitrali Deshmukh for the appellant and Advocate Chetan Agrawal along with Nikita Banatwala for the UOI.
2. The appellant, being resident of Dahisar, Mumbai was working as a Consultant with S & S Enterprises, Mehra Estate, Vikhroli, and was earning Rs. 10, 000.00 p.m from this engagement. In order to attend his duties, he had to commute from Dahisar to Vikhroli and in his normal routine, on 23/11/2022, he left his home and reached his office and on his return, reached at Vikhroli Railway Station, in order to reach to his home at Dahisar. He got the coupons validated by inserting them in Coupon Validating Machine and boarded a local train whic
The interpretation of the term 'untoward incident' and the concept of a bonafide passenger under the Railway Claims Tribunal Act and Railways Act.
The incident of falling under a moving train constituted an untoward incident, entitling the appellants to compensation under Section 124-A of the Railways Act.
Mere absence of ticket does not negate bonafide passenger status; affidavit suffices to discharge burden. Falling from running train is untoward incident under no-fault liability, entitling dependent....
Bona fide passengers holding valid tickets are entitled to compensation for accidental falls, irrespective of which train they used, under the Railways Act.
The court held that the deceased was a bona fide passenger and the incident constituted an ‘untoward incident’ under the Railways Act, thus entitling the claimants to compensation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
