occurred on 15.11.1983 was not a 'train accident' or an accident to the train but an untoward incident. That under Section ... though undoubtedly it was accident to the passenger. Since, the accident was not an accident 'to the train', the railways were held
4699/2018
in a train accident during the course of his journey as
passenger.
4. Case of the appellant in brief is as follows ... with a history of traumatic amputation of right upper
limb in train accident and when he was brought to the hospital,
he was unattended
accident has occurred to the train or a part of
the train. It may be doubtless an accident to
the passenger ... Collusion of two trains one of which is the
train carrying passengers; or
(b) derailment of such train; or
(c) other accident
only provided there is an 'accident'.
(2) The accident must be 'to' the 'train' or 'part ... Collusion of two trains one of which is the
train carrying passengers; or
(b) derailment of such train; or
(c) other accident
accident' could be by reason of 3 categories: (i) either collision, or (ii) derailment, or (iii) other accident to a train.
There is therefore ... whilst' on a passenger train even if the said train is not at all involved in any accident. Common sense
and reason buttress this
That the 'accident' envisioned by the first part of Section 82-A(1) is an accident to the train ... section speaks of an accident by reason of either (1) collision or (2) derailment or (3) other accident to a train. There is therefore
crushed and if such are the injuries, then in the
train accident, such injuries could not have been occurred.
Further, assigned the reasons that ... decomposed
state. Therefore, suspected the death of the deceased in
the train accident. On these reasons, the Tribunal had
dismissed the claim petition
report that
the deceased had come across the moving train
accidentally and the death was on account of deep
injuries on the head, which action ... date of the accident.
The application, while describing the place and date of
the accident and name of the train involved has simply
reproduced
deceased boarded a wrong train and in
the said wrong train he fell down due to jerk of the train,
accidentally and succumbed ... deceased has boarded a
wrong train and during the journey he fell down from the
train accidentally due to jerk of the train
claimed that the deceased while travelling by train
accidentally lost the balance and fell off the train. Therefore,
they contended that ... moving train, makes it appear that the deceased fell off a
moving train or slipped from the moving train. The fact that
the deceased