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Liability of the Railway for Compensation
Ex - gratia
Compensation
Who can claim
Procedure for filling application
Fee for filling claim in the Tribunal
Particulars required for filling claims in Railway ClaimTribunal
Compensation for loss of goods or animals
Documents for expeditious adjudication of claim Tribunal
Interim relief by Railway Administration
Scale of compensation
Compensation for unscheduled injuries
Place of filing application for compensation in accident / untoward incident claim
Time limit for filing claims for train accident / untoward incident
Right to legal representation
Issue of special -passes to the claiments
Review of decision by Railway Claims Tribunal
Appeal against the decision of Railway Claims Tribunal
Procedure for transfer of case from one bench to the other bench
Officers to be contacted in case of any difficulty
Annexure


 
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Some important sections of Railways ACT 1989

                              20.Some Important Sections of Railways Act, 1989

             Liability of Railway Administration for Death and Injury to Passengers due to Accident

                                                                 Sec: 123

Definition – In this chapter , unless the context otherwise require s :-

 (a)“accident” means an accident of the nature described in section 124.

 

(b) “dependent” means any of the following relatives of a deceased passenger namely :-

 

     (i)the wife , husband , son and daughter , and in case of the deceased passengerisunmarried or is a minor his parent .

 

            (ii) the parent , minor brother or unmarried sister , widowed sister , widowed daughter inlaw     and a minor child of a pre-deceased son, if dependent wholly or partly on the deceased passenger .


  (i)
a minor child of a pre-deceaseddaughter , if wholly dependent on thedeceased passenger.

 

             (ii) the paternal grandparent wholly dependent on the deceased passenger .

 

( c )“ untoward incident ’’means .

1.         (i)The commission of a terrorist act within the meaning of sub-section (I)of section 3 of the terrorist and Disruptive Activities ( Prevention ) Act 1997 ( 2B of 1987):- or                            

(ii)The making of a violent attack or the commission of robbery or dacoit ; or

 

(iii)The indulging in rioting shoot-out or arson , by any person in or any train carrying passengers, or in waiting hall, cloak room or reservation or booking office or on any platform or in any otherplace within the precincts of a railway station, or

 

2.   The accidental falling of any passenger from a train carrying passengers

                                                                 Sec: 124

Extent of liability - Whenin the course of working a railway, an accident occurs, beingeither a collision between trains of which one is a train carrying passengers orthederailment of or other accident to atrain or anypart of a train carrying passengers, then whether or not there has beenany wrongful act, neglect or default, on the part of the railway administration such as would entitle a passenger who has been injured or has suffered a loss to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to suchextentas may be prescribed and to that extent only for loss occasioned by the death ofa passengerdying as a result of such accident, and forpersonal injury and loss, destruction, damage or deterioration of goods owned by the passenger andaccompanying himin his compartment or on the train sustained as a result of such accidentExplanation – For the purpose of this section “Passenger” includes a railwayservant on duty.   
 
                                                                                    Sec: 124A

Compensation on account of untoward incident :-

When in thecourse of working a railway an untoward incident occurs, then whether or not there has been any wrongful act, neglect or default on the part of the the railway administration such as would entitle a passenger who has been injured or the dependent of a passenger who has been killed to maintain an action and recover damages in respect thereof , the railway administration shall , notwithstanding anything contained in any other law , be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of , or injury to a passenger as a result ofsuch untoward incident .

Provided that no compensation shall be payable under this section by the railway administration if the passenger 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 committed by him in a state of intoxication or insanity :-

e)Any natural cause or disease or medical orsurgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident ;-

Explanation :-For the purposes of this section “passenger” includes –

i)a railway servant on duty ; and

ii)a person who has purchased a valid ticket for traveling by a train carrying passengers , on any date or a valid platform ticket and becomes a victim of an untoward incident .




Source : South Eastern Railway CMS Team Last Reviewed on: 28-07-2013  


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