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            Compensation for Train accidents or untoward incident
               Ex - gratia
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Some important sections of Railways ACT 1989
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Compensation with regard to unfortunate accident of Train No. 12841 Coromandal Express dated- 02.06.2023
Ex-gratia for12841 UP Coromondal Express Train Accident dated- 02.06.2023


 
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Ex - gratia

  Ex - gratia

Amount of Ex-gratia for Train Accidents, Untoward Incidents and Manned Level Crossing Gate Accidents

 

 

Type of accident

Amount of ex-gratia for Death

Amount of ex-gratia for Grievous Injury

Amount of ex-gratia for Simple Injury

1.

Train Accident (as defined

1) under Section 124 of the

Railways Act, 1989)

Rs. 5,00,000/

(Rupees Five lakh

only)

Rs. 2,50,000/

(Rupees Two lakh

Fifty thousand only)

Rs. 50,000/

(Rupees Fifty

Thousand only)

2.

Untoward Incident (as

defined under Section 124-A

of the Railways Act, 1989)

Rs. 1,50,000/

(Rupees One lakh

Fifty Thousand

only)

Rs. 50,000/

(Rupees Fifty

Thousand only)

Rs. 5,000/

(Rupees Five

Thousand only)

3.

Accident at

Manned Level Crossing

(due to Railway's prima facie liability)

Rs. 5,00,000/

(Rupees Five lakh

only)

Rs. 2,50,000/

(Rupees Two lakh

Fifty thousand only)

Rs. 50,000/

(Rupees Fifty

Thousand only)

 

Additional Ex-gratia relief in case of Hospitalization of Grievously Injured Passengers beyond 30 days

 

In case of Train Accident

In case of Untoward Incident

Rs. 3,000/- per day to be released at the

end of every 10 day period or date

of discharge, whichever is earlier.

Rs. 1,500/- per day to be released at the end

of every 10 day period or date of discharge, whichever is earlier upto further six month of hospitalization.

 

Thereafter, Rs. 750/- per day be released at

the end of every 10 day period or

date of discharge, whichever is earlier upto further five month of hospitalization.

(a) Lump sum amount of ex-gratia for hospitalization of grievously injured passenger

upto first 30 days is as mentioned in table at para (1) above.

(b) The maximum period for which ex-gratia is payable to the grievously injured passenger will be 12 months.

 

This ex-gratia relief will be exclusively for passengers who are grievously injured in train accidents or untoward incidents as defined under Section 123, read with Section 124/124-A, of the Railways Act, 1989.

The period for treatment as indoor patient for more than 30 days would need to be certified by a Railway Doctor for the purpose of further ex-gratia payment upto the period of remaining 11 months. In case where the injured is taking treatment in other than Railway hospital, the treatment has to be certified by Railway Doctor.

Maximum amount of upto Rs. 50,000/- to be paid in cash as an immediate relief for taking care of initial expenses. Remaining amount to be paid by Account Payee Cheque/RTGS/NEFT/Any other online payment mode. Railways may disburse the entire amount of ex-gratia/enhanced ex-gratia by Account Payee Cheque/RTGS/NEFT/Any other online payment mode, if deemed appropriate.

No ex-gratia relief would be admissible to road users in case of accident at Unmanned Level Crossing, trespassers, persons electrocuted by OHE (Over Head Equipment). Ex-gratia payment in case of train accidents and untoward incidents are not to be taken into account at the time of final claim for compensation the amount of ex-gratia relief admissible to road users, who meet with an accident due to Railway's prima facie liability at Manned Level Crossing Gate Accident, will be counted towards the amount of compensation payable, if action is tenable against the Railways under the Law of Torts and an award is actually granted by Court of Law.

Ex-gratia payments should also be made to railway servants killed or injured by a moving train while performing their duty, for example, gang man working on track run over accidentally by a moving train. Payments should be sanctioned/arranged preferably on the spot by a Senior Scale Officer nominated by the General Manager after making such enquiries as, can be reasonably made on the spot after the immediate needs by way of medical attendance etc. to injured persons are attended to.

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Source : South Eastern Railway CMS Team Last Reviewed : 23-01-2024  


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