Bringing you the Best Analytical Legal News
“The Tribunal ought to have considered that the children hold significant symbolic importance for parents in terms of their generativity and hope for the future. Such a loss severely threatens the parents’ role as caregivers, protectors, and mentors.”
After applying the definition of Railway as defined under the Railways Act, 1989, to the contract between the petitioner and RVNL, it would constitute that the work specified under the contract is the original work pertaining to railway for the purpose of the subject notification and thus, covered under Serial No. 3(v)(a) of the notification dated 28-06-2017 issued by Central Government.
Setting aside the decision of the Railway Claims Tribunal and awarding compensation to legal representatives of the deceased the Court stated that a rash and negligent act cannot be equated with a criminal act resulting in self-inflicted injury and held that the injury sustained by the deceased was an ‘untoward incident’ as under Section 123(c)(2) of the 1989 Act.
Around 22 benches of the Railway claims Tribunal have been set up at different parts of the country to decide the application for compensation
‘Passenger’ would include a person who has purchased a valid ticket for travelling by a train carrying passengers on any date or a valid platform ticket and becomes a victim of an untoward incident.
Jharkhand High Court: The Bench of Sanjay Kumar Dwivedi, J. allowed an appeal and set aside the order passed by Tribunal for