Boarding Crowded Mumbai Local Train A "Calculated Risk"; Not A "Criminal Act" : Bombay HC Awards Compensation To Injured Passenger
2 years, 7 months ago

Boarding Crowded Mumbai Local Train A "Calculated Risk"; Not A "Criminal Act" : Bombay HC Awards Compensation To Injured Passenger

Live Law  

The Bombay High Court observed that boarding a crowded train for a Mumbaikar was a 'calculated risk' not a 'criminal act' and directed the railways to pay over Rs. Justice Bharati Dangre set aside the Railways Claims Tribunal's order rejecting the senior citizen's claim and held that the incident would fall within the meaning of "untoward incident" under Section 123 of the Railways Act. "If in the daily chores, a passenger attempts to gain an entry, into an overcrowded train and is pushed by other passengers, resulting into his fall, there is no reason why such incident cannot fall within the ambit of 'untoward incident' and wasn't an instance wherein the Railways were exempt from liability." The court rejected the Railways' contention that Hundiwala, by attempting to get into an overcrowded train, had committed an imprudent and criminal act and therefore they were exempt from liability.

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History of this topic

Calcutta High Court Directs Payment Of Over ₹8 Lakhs To Kin Of Man Who Died After Falling From Moving Train 23 Yrs Ago
2 weeks, 5 days ago

Calcutta High Court Directs Payment Of Over ₹8 Lakhs To Kin Of Man Who Died After Falling From Moving Train 23 Yrs Ago

Live Law  

The Calcutta High Court has overturned the order of the railway tribunal and directed the payment of Rs 8 lakhs along with interest, to the kin of a man who died after falling from a moving train in 2001.Justice Shampa Paul held: The original ticket produced and the number of the ticket being the same as the number given in …

CJI-led Supreme Court Bench Directs Railways to Pay Rs 8 Lakh for Fatal Fall of Passenger in 2003
4 months, 1 week ago

CJI-led Supreme Court Bench Directs Railways to Pay Rs 8 Lakh for Fatal Fall of Passenger in 2003

News 18  

The Supreme Court has directed the Indian Railways to pay Rs 8 lakh as per rules to a woman whose brother suffered a fatal fall from a moving train, Kanchanjugha Express, in 2003. A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra allowed an appeal filed by Doli Rani Saha with regard to …

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