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1 - 10 of 13 (0.32 seconds)Section 123 in The Railways Act, 1989 [Entire Act]
Section 129 in The Railways Act, 1989 [Entire Act]
The Railways Act, 1989
Harminder Kaur & Ors vs Union Of India & Ors on 6 May, 2009
In Harvinder Kaur v. Union of India, 2012 ACJ 854, a passenger
died due to accidental slip from the train on account of heavy rush of
passengers and sudden jerk of the train. Railways contended that the
passenger fell down because he attempted to get down from a moving train
at an unscheduled stoppage.
The Union Of India Owning vs The Addl. Registrar on 11 July, 2012
In Union of India Owning Southern Railway v. The Addl. Registrar,
Railways Claims Tribunal, (2012) 5 Mad LJ 562, the passenger travelled in
Chennai-Mangalore Express from Chennai to Karur. The train had an
unscheduled halt at Veeravakiyam Railway Station. After some time, the
train started moving. The deceased fell down from the moving train and died
on the spot.
Raj Pal Goel And Anr. vs Union Of India on 15 January, 2014
4. Section 124-A of the Railways Act is based on the principle of no
fault liability and the compensation cannot be denied to the appellant on the
ground that the deceased was negligent and it is wholly irrelevant as to who
was at fault. Section 123(c) of the Railways Act defines 'untoward incident'
to include the accidental falling of any passenger from a train carrying
passengers. The word 'passenger' has been defined under Section 2 (29) of
the Railways Act defines as a person travelling with a valid pass or ticket.
The Explanation to Section 124A clarifies that the word 'passenger'
includes a railway servant on duty; and a person who has purchased a valid
ticket for travelling by a train or a valid platform ticket and becomes a
victim of an untoward incident. As such, there are three categories of
persons who are defined as passengers: - (i) a person with a valid ticket to
travel; (ii) a person who holds a railway pass to travel and (iii) a person who
holds a platform ticket. In every one of the categories, so long as he is in
railway premises or a train, he shall be taken as a passenger. His or her
presence in the railway premises or a train shall be taken as authorized. It is
for this reason that there are decisions which make an extended meaning to
the definition passenger to a person who comes into the plat form and gets
into a wrong train, Gaurav Kapoor v Union of India, III (2014) ACC 639
(Del) or a person who purchases a passenger train ticket and gets into an
express train Santoshi v Union of India, FAO 267/2014 (Del); person
travelling atop a train and not inside a passenger compartment Raj Pal Goel
v. Union of India, 2014 ACJ 2315 or a person breaking journey without an
FAO 113/2017 Page 2 of 14
endorsement and getting into another in continuation of the journey to the
destination station Dwarika Mahto v. Union of India, 2013 ACJ 768. In all
these situations, it is possible to feed meaning and logic to the decisions,
only if we recognise that primacy always is the lawful authority to enter the
railway premises when the incident of travel itself becomes secondary. The
judicial tool of liberal construction for a welfare legislation could alone
justify these decisions in order that the categories of persons to whom the
benefit is intended to apply, being generally poor where only a modest
compensation is provided under the Act, ought not to be denied even such a
small benefit.
Sardar Tajender Singh Gambhir & Anr vs Sardar Gurpreet Singh & Ors on 12 September, 2014
15. It is well settled that the appeal is the continuation of the claim
petition and the power of the Appellate Court is co-extensive with that of the
Claims Tribunal. Reference may be made to Sardar Tajender Singh
Gambhir v. Sardar Gurpreet Singh, 2014 (10) SCC 702.
Section 124 in The Railways Act, 1989 [Entire Act]
Rathi Menon vs Union Of India on 13 March, 2001
16. Applying the principles laid down by the Supreme Court in Rathi
Menon (supra), this Court holds that the appellant is entitled to
compensation of Rs.8 lakh according Schedule to Railway Accidents and
Untoward Incidents (Compensation) Amendment Rules, 2016 (as on the
date of this judgment).