Liabilities of Railway on Death and injury to Passengers , Ex- Gratia payment

Liability of Railway Administration for death and injury to passengers due to accidents

Section 123 – Definitions

1. Accident – means an accident of the nature described in section 124.

2. Untoward Accident – means any accident of the nature described in section124 A.

Dependent means –

i. Husband, wife, son, daughter and in case the deceased passenger is

unmarried or is a minor, his parent. Parent, minor brother or unmarried

sister, widowed sister, widowed daughter-in-law, minor child of a predeceased

son, if dependent wholly or partly on the deceased passenger.

ii. Minor child of a pre-deceased daughter, if wholly dependent on the

deceased passenger.

iii. Paternal grandparents wholly dependent on the deceased passenger.

Section 124 - When in the course of Railway working, an accident occurs such

as – collision between 2 trains or derailment of a train or any other accident,

resulting in death of any passenger or injury to any passenger or loss to goods

/ luggage of any passenger, Railway Administration is liable to pay compensation

at prescribed rates, whether or not there has been any wrongful act or neglect

on its part.

Note – Passenger includes Railway servants on duty.

Section 124 A – If any passenger gets injured or dies during journey or in

station premises due to terrorist activities, robbery, dacoity or riots, such incident

will be treated as ‘untoward incident’. Accidental fall from any train is also

included in it. Railway Administration is liable to pay compensation at

prescribed rates to passengers who die or get injured in such untoward

incidents, whether or not there has been any wrongful act or neglect on its part.

But compensation shall not be payable in following circumstances –

1. Suicide or attempted suicide by him,

2. Self-inflicted injury,

3. His own criminal act,

4. Any act committed by him in a state of intoxication or insanity,

5. Any natural cause or disease, medical or surgical treatment unless such treatment becomes                  necessary due to that accident.

“Passenger” includes the following –

a. Railway servant on duty,

b. A person who has purchased a valid ticket or platform ticket.

Section 125 – Application for compensation – An application for compensation

 under section 124 may be made by the following–

1. By the person who has sustained the injury or suffered any loss,

2. By an agent authorized by such person,

3. If such person is a minor, by his guardian,

4. In case of death – by any dependent, where dependent is a minor, by his

    guardian.

Every application by a dependent for compensation shall be for the benefit of

every other dependent.

Section 126 – Interim relief by Railway Administration – Where a person who

has applied for compensation under section125 desires to be paid interim relief,

he shall apply to the Railway Administration enclosing a copy of the original

application. If Railway Administration is satisfied with circumstances of applicant,

he may be given interim relief. Amount of interim relief should not exceed the

amount of compensation payable. A copy of order of interim relief shall be sent

to RCT. Amount of interim relief shall be adjusted in the amount of

Compensation.

Section 127 – The rates of compensation payable in respect of any injury or any

loss of goods shall be determined by RCT.

Section 128 – The right of any person to claim compensation under section 124

shall not affect his right to recover compensation payable under Workmen’s

Compensation Act, 1923. But no person shall be entitled to claim compensation

more than once in respect of the same accident. It shall also not affect the right

of any person from receiving any sum under any insurance policy or any other

contract or scheme.

Section 129 – The central Government may, by notification, make rules regarding

this chapter. In particular such rules may provide for –

a. Compensation payable for death,

b. Nature of injuries for which compensation shall be paid and the amount of

    such compensation.

Ex-gratia –Bonafide passengers involved in train accidents, shall be paid exgratia

                  relief as under - 

1. Death – Rs.50, 000/-

2. Serious Injury - Rs.25,000/-

3. Normal injury - Rs.5,000/-

In case of accidents at manned level crossings & untoward incidents due to prima-facie responsibility of Railways, ex-gratia amount will be as under –

1. Death – Rs.15,000/-

2. Serious Injury - Rs. 5,000/-

3. Simple injury - Rs, 500/-

Ex- gratia payments should also be made to railway servants killed or injured by moving train while performing their duty, eg – Gangman working on train run over accidentally by a moving train.

Above amount will not be included in compensation amount, exception –

road users at manned level crossing.

No ex-gratia payment would be admissible to trespassers, persons

electrocuted by OHE and road users at unmanned level crossings.