whereby the claim
application filed by the present Appellants under Section 124A of
the Railways Act, 1989 was dismissed. The Appellants, being the
parents ... meaning of
Section 123(c)(2) of the Railways Act, 1989, thereby entitling the
Appellants to compensation under Section 124A of the said
bona fide
passenger within the meaning of Section 2(29) read with Section
124A of the Railways Act, 1989. The Learned Tribunal, however, has
fallen ... expressly carved out in
the proviso to the said section. The legislative intent underlying Section
124A is thus to impose an absolute statutory liability upon
2017 before the Railway Claims
Tribunal, Bhubaneswar, seeking compensation under Section 124A of
the Railways Act, alleging that the deceased died due to an accidental ... untoward
incident" as defined by Section 123(c) of the Act.
16. Section 124A is a no-fault or strict liability provision: once
ambit of Section 123(c)(2) of the Railways Act,
1989. The Tribunal observed that the sine qua non for invoking
Section 124A , namely, proof ... untoward incident' within the
meaning of Section 123 )(c)(2) read with Section 124A of the Railways
Act, 1989?
(c) Whether the Railway Administration
Railway Claims Tribunal, Bhubaneswar
Bench under Section 16 of the Railway Claims Tribunal Act, 1987,
invoking Section 124A of the Railways Act, 1989 and asserting ... incident under Section 123(c)(2) of the
Railways Act. Consequently, the Railways could not be held liable for
compensation under Section 124A .
6. COURT
bona fide
passenger within the meaning of Section 2(29) read with Section
124A of the Railways Act, 1989. The Learned Tribunal, however, has
fallen ... expressly carved out in
the proviso to the said section. The legislative intent underlying Section
124A is thus to impose an absolute statutory liability upon
Section 16 of the Railway Claims Tribunal Act, 1987,
(hereinafter referred to as "the Act" for brevity), seeking
compensation under Section 124A ... untoward incident'
within the meaning of Section 123(c)(2) read with Section
124A of the Railways Act, 1989?
(c) whether the Railway Administration
untoward
incident" as defined under Section 123(c)(2) read with Section 124A of the
Railways Act, 1989. The Tribunal found that the journey ... untoward incident' within
the meaning of Section 123(c)(2) read with Section 124A of the
Railways Act, 1989?
(iii) whether the Railway Administration
conflict on the applicability of the principle of
strict liability. Sections 124 and Section 124A provide
that compensation is payable whether or not there ... defined under
Section 123(c) could be upheld or whether he was
covered by proviso to Section 124A clause (b). The
High Court held that
untoward incident' within
the meaning of Section 123(c)(2) read with Section 124A of the
Railways Act, 1989?
(iii) whether the Railway Administration ... untoward incident" within
the meaning of Section 123(c)(2) read with Section 124A of the Railways
Act, 1989. None of the statutory exceptions
