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When in the course of working a railway an untoward incident acccurs, then whether or not there has been ... injury to, a passenger as a result of such untoward incident: Provided that no compensation shall be payble under this
Central Government Act
Section provided for
awarding compensation to victims of any untoward incident
which occurs in the course of working ... railway. The
expression untoward incident was alien to Railways Act
before Parliament inserted such an expression in the statute
Supreme Court of India
that the payment of compensation in
respect of an 'untoward incident' arises if the deceased are the bonafide
railway passengers ... death caused to the deceased in an untoward incident. According the
claimants who are the parents of the deceased
Andhra High Court
happened or injury sustained before the Railway
Accidents and Untoward Incidents (Compensation) Amendment Rules, 1997
came into force the enhanced ... specified in Schedule
II of the Railway Accidents and Untoward Incidents (Compensation)
Rules. 1990. The Railways (Amendment) Act, 1994 which
Kerala High Court
occurrence was therefore
not comprehended within the expression "untoward incident". The
Railways also contended that the claimant ... held to have sustained the injury in an untoward incident and
was therefore entitled to compensation. Aggrieved by the decision
Andhra High Court
that the payment
of compensation in respect of an 'untoward incident' arises if the
deceased are the bonafide railway passengers ... death caused to the deceased in an
untoward incident. According the claimants who are the parents of the
deceased
Andhra High Court
Whether the accidental fall as alleged is not an untoward
incident?
(4) To what relief?
5. On behalf ... brought to Section 123. Under Clause "c" the expression "untoward under
incident" was also brought under Chapter 13, which provides
Andhra High Court
train at or near Magarwara Railway Station
in an untoward incident resulting in his death. The applicants' claim was
contested ... Hafeez
was due to an "untoward incident" as defined under section 123 of the
Railways
Supreme Court of India
incident does not fall within the ambit of
"untoward incident". It was denied that the applicant was a bonafide
passenger ... fall of the deceased as alleged is not an
untoward incident?
5. Whether the alleged accidental fall of the applicant
Andhra High Court
case of untoward incident, covered under Section
124A. Hence, the Claims Tribunal has erred in law in invoking the
provisions ... untoward accident. He further
submits that it not being untoward incident on date of occurrence. The
case was wrongly transferred
Madhya Pradesh High Court
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