Back
RAILWAY CLAIM TRIBUNAL - MUMBAI
K. K. Sonawane, J
Nagamma Narsimma Timappa – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. claim filed under railway claims tribunal act regarding accidental death. (Para 1 , 2 , 3) |
| 2. court confirms railway liability under section 124-a for accidental deaths. (Para 4 , 10 , 12 , 14) |
| 3. witness statements and evidence support claim of bonafide passenger. (Para 5 , 6) |
| 4. burden of proof is shared, but claimants must provide initial evidence. (Para 11 , 13 , 16) |
| 5. final decision to award compensation based on legal provisions and evidence presented. (Para 15 , 17) |
JUDGEMENT
1. This Claim Application is filed by the applicants u/s. 16 of the Railway Claims Tribunal Act , 1987 r/w. sec. 123 (c)(2) & se c. 124 - A of the Railways Act , 1989 for compensation arising out of an alleged untoward incident occurred during the course of working a Railway involving a death of deceased Naresh Narsimma Timappa.
The factual matrix of the matter in nut-shell is as below:
2. It is stated that, Naresh Narsimma Timappa, (hereafter referred as deceased) resident of Vikhroli was a student. The Applicant No. 1 is the mother of deceased Naresh Page whereas the Applicant No. 2 is his sister. The Applicant No. 2 Sister of the deceased was inadvertently made party to the claim. Theref
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
