...(2010) 12 SCC 443, wherein the Hon'ble Apex Court was pleased to observe that Death caused due to own negligence and ...: "Falling from train to death due to one's own negligence does not come within any exception enumerated in Sec.124-A proviso ...Deputy Station Master of Bellampally. Therefore, the evidence of Aw1 and Rw1 proved the death of the deceased due to an untoward accident. 6. While placing reliance on...

...defined under Section 123 (c)(2) of the Act. Falling from a train to death due to one's own negligence does not come within any exception enumerated under Section 124A (a) to (e)...that the person met with an accident or death due to his own negligence, thereby not entitled to compensation from the Railways. 9. In this case, as per the First...incident is an instance of self-inflicted injuries and the deceased died only due to his own negligence and hence, the impugned order, rejecting the claim application, is proper...

....12. Falling from train to death due to one's own negligence does not come within any exception enumerated under Section 124(A) of the Act. In the absence of malicious int...with an accident or death due to his own negligence thereby not entitled to compensation from the Railways.11. In the case of Union of India v. Kurukundu Balkrishnaiah...on account of his own negligence and carelessness. He was travelling in the door ways exposing his body outside, which resulted in the accident. Therefore, the accident is due to the rash and...

...'untoward incident' as defined under Section 123 (c)(2) of the Act. Falling from a train to death due to one's own negligence does not come within any exception enumerated under Section 1...cannot be held that due to his own negligence or carelessness, he sustained injury or died. The burden lies on the Railways to prove that the person met with an accident or death due ...bona fide passenger, as no ticket was found with the deceased and that only due to his own negligence, the deceased fell down and died. On the side of the Appellants, Ex.A1 to Ex.A6 were marked. After...

...) of the Act. Falling from a train to death due to one's own negligence does not come within any exception enumerated under Section 124A(a) to (e) of the Act. ...death due to his own negligence, thereby not entitled to compensation from the Railways. 9. In this case, as per the First Information Report, inquest report and the...sustains injury or dies, it cannot be held that due to his own negligence or carelessness, he sustained injury or died. The burden lies on the Railways to prove that the person met with an accident or...

...death due to one's own negligence does not come within any exception enumerated under Section 124(A) of the Act. In the absence of malicious intent or mens rea, such negligence can neight...dies, it cannot be held that due to his own negligence or carelessness he sustained injury or died and the burden lies on the Railways to prove that the person met with an accident or death ...was travelling in the door way of a running train and fell down due to his own negligence and carelessness. Therefore, the said deliberate action of the deceased would tantamount to ‘self-inflicted...

...Jameela & others v. Union of India2, wherein, it is held that falling from train to death due to one's...death of their son Sanjog Changle, who died in an untoward incident while travelling in Train No.792 -Holiday Special Express from Chandrapur to Sirpurkagaznagar on 11.10.2008. It is alleged that the... 8 law, liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the ...

...diversity of the illustrations and the provisions or the Rules.12. Falling from train to death due to one's own negligence does not come within any exception enumerated un...and the burden lies on the Railways to prove that the person met with an accident or death due to his own negligence thereby not entitled to compensation from the Railways....account of his own negligence and carelessness. When the deceased attempted to board the moving train, he being handicapped run over by the train and died. Therefore, the accident is due to the rash and...

...train to death due to one's own negligence does not come within any exception enumerated under Section 124(A) of the Act. In the absence of malicious intent or mens rea, such ...injury or dies, it cannot be held that due to his own negligence or carelessness he sustained injury or died and the burden lies on the Railways to prove that the person met with an accident or ...due to his own negligence thereby not entitled to compensation from the Railways.11. In the case of Union of India v. Kurukundu Balkrishnaiah (2004-ACJ-529-AP), a Full...

...provisions or the Rules.12. Falling from train to death due to one's own negligence does not come within any exception enumerated under Section 124(A) of the Act. In the a...that the person met with an accident or death due to his own negligence thereby not entitled to compensation from the Railways.11. In the case of Union of India v. Kurukund...if a person falls from the train and sustains injury or dies, it cannot be held that due to his own negligence or carelessness he sustained injury or died and the burden lies on the Railways to prove...

...cannot be laid down in this regard in view of the complexity and diversity of the illustrations and the provisions or the Rules.12. Falling from train to death due to one's own ...to his own negligence or carelessness he sustained injury or died and the burden lies on the Railways to prove that the person met with an accident or death due to his own ...dies or suffers injury due to-(a) suicide or attempted suicide by him;(b) self inflicted injury;(c) his own criminal act;(d) any act...

...cannot be laid down in this regard in view of the complexity and diversity of the illustrations and the provisions or the Rules.12. Falling from train to death due to one's own ...to his own negligence or carelessness he sustained injury or died and the burden lies on the Railways to prove that the person met with an accident or death due to his own ...suffers injury due to-(a) suicide or attempted suicide by him;(b) self inflicted injury;(c) his own criminal act;(d) any act committed...

...train to death due to one's own negligence does not come within any exception enumerated under Section 124(A) of the Act. In the absence of malicious intent or mens rea, such ...carelessness he sustained injury or died and the burden lies on the Railways to prove that the person met with an accident or death due to his own negligence thereby not entitled to compe...Section 123(c) of the Act. Therefore, while boarding the train, due to jerk of the train if a person falls from the train and sustains injury or dies, it cannot be held that due to his own ...

...falling of a passenger from a moving train and death or injury due to one's own negligence, does not come within any exception enumerated in Section 124A proviso to deny compensation. In ...held liable to pay compensation, in case the death or injury to a passenger was caused due to any of the reasons enumerated in clauses (a) to (e) of the Proviso to Section 124A of the Act...Railway Station. The appellant state that there was heavy rush in the train. He could not get seat in the compartment. He was standing at the door. It is stated that due to sudden jerk, he lost his balance...

...death or injury, when the person insured or a person of the class who are insured under the policy is himself dead or injured due to his own negligence, then, since no liability for one's ..., but its authorised driver was also insured and therefore, when the accident occurred due to the negligence of the authorised driver and when liability of the death of the insured owner arose, the...injury can be said to have arisen towards one's own life for his negligence, there is no occasion to indemnity such insured person for any liability arising as a result of his own ...

.... 16. The death caused by falling from the train is due to one's own negligence and it does not come falls within any exception enumerated under Section 124(A) of th...cannot be held that due to his own negligence or carelessness he sustained injury or died and the burden lies on the Railways to prove that the person had met with an accident or death ...Tiruttani Railway Station as the deceased was crossing the track, she was hit by the train and therefore, the accident is due to the negligent act of the deceased and it would not attract the...

...other hand where a person suffers injury, partly due to the negligence on the part of another person or persons, and partly as a result of his own negligence, then the negligence on the part of th...Tribunal allowed the claim petition in part. The Tribunal held that the accident occurred due to the composite negligence of drivers of both vehicles and it could not be said that the accident...occurred solely due to the negligence of the first respondent. The Tribunal further held that as the accident occurred due to contributory and composite negligence of the drivers of both the vehic...

...manner suggested by it. Secondly, even if it were to be assumed that the deceased fell from the train to his death due to his own negligence it will not have any effect on the compensatio...running train due to his own negligence. There was no negligence on the part of the Railways. Further, that the applicants had not filed any proof of the accident.4. In view of...hand, it is not the case of the Railways that the death of M. Hafeez was a case of suicide or a result of self-inflicted injury. It is also not the case that he died due to his own criminal act or he...

...wrongdoer separately. On the other hand where a person suffers injury, partly due to the negligence on the part of another person or persons, and partly as a result of his own negligence, then the...injured without any want of due care on his own part, of the so-called contributory negligence of a third person B. It is true you were injured by my negligence, but it would not have happened if B had...own negligence. Where negligent acts of two or more independent persons have between them caused damage to a third, the sufferer is not driven to apply any such analysis to find out whom he can sue...

...negligence on the part of such person. If the answer is in the affirmative, it is a negligent act. Where an accident is due to negligence of both parties, substantially there would be contributory...impact of the accident was so severe that the deceased was thrown to some distance and sustained various serious injuries which resulted in his death. The deceased was aged about 18 years at the time....6. The plea which was stressed strenuously related to alleged contributory negligence. Though there is no statutory definition, in common parlance “negligence” is categorised as...