(i) Railways Act, 1989, Ss.123(c)(2), 124A — Untoward incident — Railways had not established any statutory exception such as suicide, attempted suicide, self-inflicted injury, criminal act, intoxication or insanity — Death of the deceased was held to have occurred as a result of an untoward...
(ii) Railways Act, 1989, Ss.123(c)(2), 124A — Bona fide passenger — Mere non-recovery of journey ticket could not by itself lead to conclusion that no ticket had been purchased, especially when old railway tickets and other articles were recovered from deceased and claim of purchase...
(iii) Railways Act, 1989, Ss.123(c)(2), 124A — Evidence — Tribunal ought not to have discarded sworn testimony of AW1 merely on the basis of an isolated statement attributed to him during DRM inquiry — Statement recorded subsequently during an internal DRM inquiry could not automatically...
(iv) Railways Act, 1989, Ss.123(c)(2), 124A — Evidence — Conclusion in DRM report that deceased was crossing railway line and was run over by train was itself inferential — There was no eyewitness account establishing that deceased was actually crossing railway line at relevant time...
(v) Railways Act, 1989, Ss.123(c)(2), 124A — Compensation — Railway was directed to pay compensation of Rs.4,00,000 with interest at 9% per annum from date of filing of the claim petition till the date of the order or Rs.8,00,000, whichever is higher — Delay in...
