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Union Of India vs United India Insurance Co. Ltd. & Ors on 22 October, 1997

Mr. Lalit relied upon the case of Union of India v. United India Insurance Co. Ltd., reported in [1997] 8 SCC 683 This was a case where a bus, whilst crossing a unmanned railway crossing, was hit by a train. As a result thereof 40 passengers and the driver were killed - and many other passengers were injured. A large number of claims were filed before the Motor Accidents Claims Tribunal. The Tribunal in some of those cases held that the driver of the bus was negligent and passed awards against the owner of the bus and the Insurance Company. The Tribunal dismissed the claims against the Railways on the ground that there was no negligence on the part of the driver of the railway engine or on the part of the Railway administration. On Appeals, the High Court held that the Railways were also liable.
Supreme Court of India Cites 34 - Cited by 87 - M J Rao - Full Document

Smt. Nilabati Behera Alias Lalit Behera ... vs State Of Orissa And Ors on 24 March, 1993

Mr. Lalit also relied upon the case of Nilabati Behera v. State of Orissa, reported in [1993] 2 SCC 746. He submitted that it has been held in this case that the award of compensation in a proceeding under Article 32 or Article 226 is a remedy available in public law, based on strict liability for contravention of fundamental rights to which the principle of sovereign immunity did not apply, even though it may be available as a defence in private law in an action based on tort.
Supreme Court of India Cites 16 - Cited by 690 - J S Verma - Full Document
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