Railways Act, 1989, Section 69, 71(i)(b), 106 -- Railway - Transportation of goods - Excess freight - Recovery of - In the instant case, goods transported by railway deviated route resulting into lessening of 52 kms distance - No reason for deviation shown by railways in order to seek protection u/s 69 of the Act - Claimants entitled to recovery of excess freight...........
Railways Act, 1989, Section 124A -- Untoward incident - Compensation - Compensation as applicable on date of accident is to be given with reasonable interest - However, if compensation as provided on date of award of Tribunal is higher than unrevised amount with interest, higher of two amounts is to be given...........
Railways Act, 1989, Section 124A -- Untoward incident - Self-inflicted injury - Concept of self-inflicted injury require intention to inflict such injury and not mere negligence of any particular degree...........
Railways Act, 1989, Section 124A -- Untoward incident - Where victim is entitled to compensation said incident will not fall under proviso to S.124-A of the Act merely on plea of negligence of victim as contributing factor...........
Evidence Act, 1872, Section 114, Railways Act, 1989, Section 124A -- Presumption - Mere presence of body on railway premises does not hold that injured or deceased was bona fide passenger for which claim for compensation could be maintained...........
Evidence Act, 1872, Section 114, Railways Act, 1989, Section 124A -- Presumption - Mere absence of ticket with such injured or deceased not to negative claim that he was bona fide passenger...........
Railways Act, 1989, Section 124A -- Untoward incident - Claim for compensation - Interest - In absence of any specific statutory provision, interest can be awarded from date of incident - Legal position in this regard is at par with cases of accident claims under Motor Vehicles Act, 1988...........
Railways Act, 1989, Section 124A -- Untoward incident - Quantum of compensation -Wherever it is found that revised amount is applicable compensation as on date of award of Tribunal is less than prescribed amount of compensation as on date of accident with interest, higher of the two amounts ought to be awarded on principle of beneficial legislation...........
Railways Act, 1989, Section 124A -- Untoward incident - Death or injury in course of boarding or de-boarding train - Amounts to untoward incident entitling victim to compensation and it will not fall proviso to S.124-A of the Act merely on the plea of negligence of victim as contributing factor...........
Railways Act, 1989, Section 124A -- Untoward incident - Claim for compensation - Presence of body on railway premises - Will not be conclusive to hold that injured or deceased was bonafide passenger for which claim for compensation can be maintained...........
