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M/S. Sonic Surgical vs National Insurance Company Ltd on 20 October, 2009

In the case of Sonic Surgical (supra), fire broke out at Ambala and compensation was claimed at Ambala. It was held that no part of cause of action arose in Chandigarh. Therefore, the State Commission, Chandigarh had no jurisdiction to adjudicate the matter. In the case at hand, there is no such position and the journey was undertaken by the deceased from Haldi Road Junction, which falls within the territorial jurisdiction of District Forum, Udham Singh Nagar.
Supreme Court of India Cites 5 - Cited by 376 - Full Document

Union Of India (Uoi) vs Ashok Shankar Sarkale And Ors. on 20 March, 2006

Learned counsel also cited a decision of the Hon'ble Bombay High Court in the case of Union of India Vs. Ashok Shankar Sarkale and others; AIR 2006 Bombay 198. In the said case, the passengers were thrown out of train by anti-social elements. It was held that the compensation is to be decided by 7 Railway Claims Tribunal and none else and that the Consumer Forum is not empowered to decide such claim. In the present case, the deceased was not thrown out of the train and had fallen from the berth.

Smt.Nirmal Devi Chopra vs Union Of India & Ors. on 16 September, 2013

13. Learned counsel for the opposite party - complainant cited a decision of the Hon'ble National Commission in the case of Nirmal Devi Chopra Vs. Union of India through Secretary, Railway Board (Rail Mantralay) and others; IV (2013) CPJ 402 (NC). In the said case, the passenger travelling in train died due to improper medical aid. It was held that the case pertains to "service" provided by Railways and the complaint does not fall under Section 13 of Railway Claims Tribunal Act, 1987 and that the complaint is maintainable.
National Consumer Disputes Redressal Cites 9 - Cited by 1 - Full Document

Gulshan Kumar Mendiratta . vs Union Of India Indian Railways Through ... on 1 July, 2014

Learned counsel also cited another decision of the Hon'ble National Commission in the case of Gulshan Kumar Mendiratta and others Vs. Union of India and another; I (2011) CPJ 268 (NC). In the said case, the deceased was hit on the head with the milk drums hanging outside the compartment's ventilator bar and died on the spot. It was held that the incident is not an untoward incident and the application for compensation under Section 124A of The Railways Act, 1989 does not bar jurisdiction of Court or other authority.
Supreme Court - Daily Orders Cites 0 - Cited by 1 - Full Document
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