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Victim under Railways act Victim means any person who met with accident occurs being either a collision between trains or any part of a train carrying passengers as per section 124 and untoward incident section 124 A of Railways act 1989 whether or not there has been any 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
Extent of Liability to pay compensation: - Section 124 of Railways deals with extent of liability to pay compensation
when in the course of working a railway, an accident occurs, being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to train or any part of a train carrying passengers,
then whether or not there has been any 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,
In case of untoward incidents Railway authorities are liable to pay compensation as per section 124A of Railways act
When in the course 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 railway administration such as would entitle a passenger who has been injured or ;the dependant of a passenger who has been killed to maintain an action and recover damages in respect thereof,
Exemptions for claiming compensation
The Railway administration is not liable to pay compensation in the following cases as per section 124A of Railways act
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 or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident.
Explanation. – For the purposes of this section, “passenger” includes –
(a) A railway servant on duty : and
(b) a person who has purchased a valid ticket for travelling , by a train carrying passengers, on any date or a valid platform ticket and becomes a victim of an untoward incident.)
Who can apply for compensation?
As per section 123 and 125 of Railways act the following persons are eligible to apply for compensation
(1) An application for compensation under section 124 (or Sec.124-A) may be made to the Claims Tribunal – (a) by the person who has sustained the injury or suffered any loss. Or (b) by any agent duly authorized by such person in this behalf. Or (c) where such person is minor, by his guardian or (d) where death has resulted from the accident (or the untoward incident ) by any dependant of the deceased or where such a dependant is a minor, by his guardian. (2) Every application by a dependant for compensation under this section shall be for the benefit of every other dependent.
Application format for railway compensation
Annexure-A
Specimen Proforma for grant of interim relief to the claimant under section 126 of the Railways Act, 1989.
I,_____________________son/daughter/wife/widow of_____________Residing at_____________________________having been injured in railway accident hereby apply for the grant of interim relief for the injury sustained. I,________________son/daughter/wife/widow of___________Residing at_____________________________hereby apply as dependant for the grant of interim relief on account of the death/injury sustained by Shri/Smt./Kumari___________________ son/daughter/wife/widow of Smt. ______________who died/was injured in the railway accident referred to hereunder: I understand that the interim relief so granted will be finally adjusted with the final award to be made by Railway Claims Tribunal in this case.
Necessary particulars in respect of the deceased/injured in the accident are given below:
0. Name & father name of the person injured/dead (husband name in case of married woman or widow).
1. Full address of the person injured/ dead
2. Age of the person injured/dead
3. Occupation of the person injured/dead
4. Name and address of the employer of the deceased, if any
5. Brief particulars of the accident indicating the date & place of accident and the name of the train involved
6. Class of travel, & ticket/pass number, to the extent known
7. Documentary proof of bonafide of the victim/deceased person as passenger of the train on the day of accident/untoward incident, if available.
8. Journey from _______ to ____________.
9. Nature of injuries sustained along with medical certificate
10. Name & address of Medical Officer practitioner, if any, who attended on the injured/dead and period of treatment
11. Disability for work, if any caused
12. Name and permanent address of the applicant
13. Local address of the applicant, if any
14. Relationship with the deceased/injured
15. Amount of interim relief claimed
16. Bench of RCT where claim has been filed along with O.A.No. & date.
17. Proof of dependency, if the interim relief is sought by the dependant of the injured/dead passenger.
18. Any other information or documentary evidence that may be necessary or helpful in the disposal of the claim for interim relief
18. Mention the documents, if any, filed along with application.
I,______________ solemnly declare that _____________________________________ .
The particulars given above are true and correct to the best of my knowledge and belief.
Signature or Left thumb
Impression of the Applicant
What are the documents to be complied for filing railway compensatin
0. If you are not sanctioned interim relief within 15 days from the date of submission of request from the CCO office, please contact Dy. CCM (Claims) of the railway for this purpose.
Documents to be filed along with compensation claim application
1. Post mortem report in case of death
2. Copy of FIR in case of death/injury.
3. Medical report indicating the details of injuries sustained by the passengers.
4. Death certificate from the District Administration in case of death of a passenger.
5. Legal Heir Certificate in case of death.
6. Documentary proof of bona-fide of the victim/deceased as passenger of the train on the date of accident/untoward incident, if available otherwise indicate class of travel, ticket/pass No.. To the extent known.
Interim relief for railway compensation
126. Interim relief by railway administration: (1) Where a person who has made an application for compensation under Sec.125 desires to be paid interim relief, he may apply to the railway administration for payment of interim relief along with a copy of the application made under that section.
(2) Where , on the receipt of an application made under sub-section (1) and after making such inquiry as it may deem fit, the railway administration is satisfied that circumstances exist which require relief to be afforded to the applicant immediately , it may, pending determination by the Claims Tribunal of the actual amount of compensation payable under sec.124 (or 124-A) pay to any person who has sustained the injury or suffered any loss, or where death has resulted from the accident , to any dependant of the deceased, such sum as it considers reasonable for affording such relief , so however that the sum paid shall not exceed the amount of compensation payable at such rates as may be prescribed.
(3) The railway administration shall, as soon as may be, after making an order regarding payment of interim relief under sub-section (2) , send a copy there of to the Claims Tribunal.
(4)Any sum paid by the railway administration under sub-section(2) shall be taken into account by the Claims Tribunal while determining the amount of compensation payable.
Amount of compensation to be paid under railways act
Ministry of Railways Doubles Compensation Rate Payable to Railway Accident Victims
Ministry of Railways has decided to revise the amounts of compensation payable in respect of Death & Injuries to the passengers involved in Accidents and Untoward Incidents. In the revised compensation rules the amount in all the categories have been doubled with respect to the existing amounts. This has been done by amending “The Railway Accidents and Untoward Incidents (Compensation) Rules, 1990”. The new amended rules are being now referred to as “The Railway Accidents and Untoward Incidents (Compensation) Rules, 2016”.
As per the revised Compensation Rules, compensation in case of death has been doubled from Rs. 4 lakh to Rs. 8 lakh. The new rules will come into effect from 1st January 2017. The schedule giving the amounts of both existing and revised rates is given below.
COMPENSATION PAYABLE FOR DEATH AND INJURIES
Item Existing Amount (Rs.) Revised Amount (Rs.)
PART I
For death 4,00,000 8,00,000
PART II
(1) For loss of both hands or amputation at higher sites 4,00,000 8,00,000
(2) For loss of hand and a foot 4,00,000 8,00,000
(3) For double amputation through leg. or thigh or amputation through leg or thigh on one side and loss of other foot. 4,00,000 8,00,000
(4) For loss of sight to such an extent as to render the claimant unable to perform any work for which eyesight is essential 4,00,000 8,00,000
(5) For very severe facial disfigurement 4,00,000 8,00,000
(6) For absolute deafness 4,00,000 8,00,000
PART III
(1) For amputation through shoulder joint 3,60,000 7,20,000
(2) For amputation below shoulder with stump less than 8" from tip of acromion 3,20,000 6,40,000
(3) For amputation from 8" from tip of acromion to less than 41/2" below tip of olecranon 2,80,000 5,60,000
(4) For loss of a hand or the thumb and forefinger of one hand or amputation from 41/2" below space tip of olecranon 2,40,000 4,80,000
(5) For loss of thumb 1,20,000 2,40,000
(6) For loss of thumb and its metacarpal bone. 1,60,000 3,20,000
(7) For loss of four fingers of one hand 2,00,000 4,00,000
(8) For loss of three fingers of one hand 1,20,000 2,40,000
(9) For loss of two fingers of one hand 80,000 1,60,000
(10) For loss of terminal phalanx of thumb 80,000 1,60,000
(11) For amputation of both feet resulting in end bearing stumps 3,60,000 7,20,000
(12) For amputation through both feet proximal to the metatarsophalangeal joint 3,20,000 6,40,000
(13) For loss of all toes of both feet through the metatarso-phalangeal joint 1,60,000 3,20,000
(14) For loss of all toes of both feet proximal to the proximal interphalangeal joint 1,20,000 2,40,000
(15) For loss of all toes of both feet distal to the proximal inter-phalangeal joint 80,000 1,60,000
(16) For amputation at hip 3,60,000 7,20,000
(17) For amputation below hip with stump not exceeding 5" in length measured from tip of great trench-anter 3,20,000 3,20,000
(18) For amputation below hip with stump exceeding 5" in length measured from tip of great trench anter but not beyond middle thigh 2,80,000 5,60,000
(19) For amputation below middle thigh to 41/2" below knee 2,40,000 4,80,000
(20 )For amputation below knee with stump exceeding 41/2"but not exceeding 5" 2,00,000 4,00,000
(21) Fracture of Spine with Paraplegia 2,00,000 4,00,000
(22) For amputation below knee with stump exceeding 5" 1,60,000 3,20,000
(23) For loss of one eye without complications the other being normal 1,60,000 3,20,000
(24) For amputation of one foot resulting in end-bearing 1,20,000 2,40,000
(25) For amputation through one foot proximal to the metatarso-phalangeal joint 1,20,000 2,40,000
(26) Fracture of Spine without paraplegia 1,20,000 2,40,000
(27) For loss of vision of one eye without complications of disfigurement of eye ball, the other being normal 1,20,000 2,40,000
(28) For loss of all toes of one foot through the metatarso-phalangeal joint 80,000 1,60,000
(29) Fracture of Hip-joint 80,000 1,60,000
(30) Fracture of Major Bone Femur Tibia both limbs 80,000 1,60,000
(31) Fracture of Major Bone Humerus Radius Both limbs 60,000 1,20,000
(32) Fracture of Pelvis not involving joint 40,000 80,000
(33) Fracture of Major Bone Femur Tibia One limb 40,000 80,000
(34) Fracture of Major Bone Humerus Radius Ulna One limb 32,000 64,000
Insurance of Rail Passengers
An Optional Travel Insurance Scheme was launched w.e.f. 01.09.2016 for the Confirmed/RAC Railway passengers who book e-ticket through official website of Indian Railway Catering & Tourism Corporation (IRCTC) portal at the premium of Rs. 0.92 per passenger. Under the scheme, sum assured is paid to the victim/family or legal heir of the victim as the case may be in case of death/injury of reserved passengers due to train accident/untoward incidents as defined under section 123 read with Sections 124 and 124A of the Railways Act, 1989, subject to the qualification that the coverage will be valid from the actual departure of train from the originating station to actual arrival of train at the destination station including ‘process of entraining’ and ‘process of detraining’ the train.
Subsequently, to promote digital/cashless transaction, insurance is being provided free of cost from 10.12.2016 to all the Confirmed/RAC Railway passengers buying online ticket from IRCTC and no premium is being charged from the passengers.
The sum assured to be given to victim/family or legal heir of the victim are as follows:-
(i) In case of Death- Rs. 10 lakh,
(ii) Permanent Total Disability - Rs. 10 Lakh,
(iii) Permanent Partial Disability upto- Rs. 7.5 Lakh,
(iv) Hospitalization Expenses for Injury – Rs. 2 Lakh,
(v) Transportation of mortal remains – Rs. 10 Thousand.
IRCTC which is a wholly owned undertaking of Ministry of Railways has entered into an agreement with three Insurance Companies through Limited Tender, namely (i) Shriram General Insurance Company Ltd., (ii) ICICI Lombard General Insurance Company Ltd., & (iii) Royal Sundaram General Insurance Co. Ltd..
The insurance scheme is available to passengers of all reserved classes (SL, 1AC, 2AC, 3AC) of all trains (except passenger trains & sub-urban trains) for only tickets booked online on the IRCTC websites. Passengers booking reserved tickets through the manually operated Railway reservation counters and those travelling on unreserved tickets are not entitled to avail of this insurance scheme.
Ex - gratia
Ex. -gratia relief is given by the railway administration soon after an accident or untoward incident normally at the rate of:
1.In case of Train Accident (Sec-124 of the Act.)
i)In case of death – Rs.50,000/-
ii)In case of grievous injury– Rs .25,000/-
iii)In case of simpleinjury- Rs.5,000/-
2.In case of untoward incident (Sec-124A of the Act)
i)In case of death – 15,000/-
ii)In case of grievous injury – Rs. 5,000/-
iii)In case of simple injury – Rs. 500/-
3.In case of accident at manned level crossing (due to Railway’s prima facie liability)
i)In case of death – Rs.50,000/-
ii)In case of grievous injury – 25,000/-
iii)In case of simple injury – 5,000/-
Payment is sanctioned and arranged after such enquiries as can be reasonably made on the spot by a Senior Scale or higher officer nominated by the General Manager. If the ex-gratia has not been paid to the victim at accident site, the claimant should approach the Chief Comml Manager / Chief Claims Officer of the concerned railway. The ex-gratia is intended to meet the immediate expenses of the victims and is not taken into account at the time of final settlement of compensation claim
Organisation & objective of Railway Claims Tribunal (RCT):
In case the claimant is not satisfied with the relief provided by the Railways, he can seek legal remedy through the Railway Claims Tribunal, which has been set up under the Railway Claims Tribunal Act, 1987 which came into force from 8th November 1989. The Tribunal has 21 benches at 18 major cities in the country, viz.
The main objective of setting up of the Tribunal is to provide quicker relief and early payment of compensation for:-
death and injury in case of railway accident & untoward incident - the claimant has to file the claim directly before the Railway Claims Tribunal.
ii. For loss, destruction, damage, deterioration, non-delivery of animal/goods booked by railway or for the refund of fare or freight in case the claimant is not satisfied with the relief provided by the railway administration provided
The Railway Claims Tribunal has the powers of a District Court and appeal against its decision lies in the High Court.
Functions & Powers of RCT:
Procedure (Section 18 of the RCT Act)
1. The Railway Claims Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the Principles of natural justice and, subject to the other provisions of this Act of any rules, the Claims Tribunal shall have the powers to regulate its own procedure including the fixing of places and times of its enquiry.
2. The Claims Tribunal shall decide every application as expeditiously as possible and ordinarily every application shall be decided on a perusal of documents, written representations and affidavits and after hearing such oral arguments as may be advanced.
3. The Claims Tribunal shall have, for the purposes of discharging its functions under this Act, the same power as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in respect of the following matters namely:
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) Requiring the discovery of production of documents;
(c) Receiving evidence on affidavits;
(d) Subject to the provisions of Section 123 and 124 of the Indian Evidence Act 1872, (I of 1872), requisitioning any public record or document or copy of such record of document from any office.
(e) Issuing commissions for the examination of witnesses or documents;
(f) Reviewing its decision;
(g) Dismissing an application for default or deciding it ex-party
(h) Setting aside any order of dismissal or any application for default or any order passed by it ex-party;
(i) Any other matters which may be prescribed.
Application for compensation:
Procedure (Section 16 of the RCT Act)
1. A person seeking any relief in respect of the matters referred to in sub-section (1) of Section 13 of the RCT Act may make an application to the Railway Claims Tribunal.
2. Every application under sub-section (1) shall be in such form and be accompanied by such documents or other evidence any by such fee in respect of the filing of such application and by such other fees for the service or execution of processes as may be prescribed:-
Provided that no such fee shall be payable in respect of an application under clause 13 (1) (a) (ii) of Section 13 of the RCT Act.
Territorial jurisdiction of Railway claims tribunal
As per rule 8 of the Railway Claims Tribunal (Procedure) Amendment Rule, 2002, an application for compensation payable under section 124 of 124A of the Railways Act, 1989 may be filed before the Bench having territorial jurisdiction over the place from which the passenger obtains or purchases his pass or ticket or where the accident or untoward incident occurs or where the place of destination station lies or where the claimant normally resides.
Limitation of RCT:
Procedure (Section 17 of the RCT Act)
(1) The Claims Tribunal shall not admit an application for any goods claim:-
(a) Under clause 13 (1) (a) (i) of Section 13 of the RCT Act unless the application is made within three years from the date on which the goods in question were entrusted to the Railway Administration for carriage by railway;
(b) Under clause 13 (1) (a) (ii) of Section 13 of RCT Act unless the application is made within one year or occurrence of the accident;
(c) Under clause13 (1) (b) Section 13 of the RCT Act unless the application is made within three years from the date on which the fare or freight is paid to the Railway Administration;
Provided that no application for any claim referred to in clause 13 (1) (a) (i) Section 13 of the RCT Act shall be preferred to the Railway Claim Tribunal until the expiration of three months next after the date on which the intimation of the claim has been preferred under Section 106 of the Railways Act.
(2) Notwithstanding anything contained in sub-section (1) an application may be entertained after the period specified in sub-section (1) if the applicant satisfies the Claims Tribunal that he had sufficient cause for not making the application within such period.
Court-Fees for claiming compensation
No fee is charged for filing Accident/Untoward Incident claims in Railway Claims Tribunal
Conclusion
The Railway authorities are liable to pay compensation in case of accident falls within the purview of section 124 of Railways and untoward incident section 124 A of Railways act . The cause of the death of person must not fell within the exceptins of section 124 A of Railways act for claiming compensation. Ex-gratia and Interim compensation under section 126 of railways act in necessary cases, insurance scheme was introduced in the year 2016 who book reserved classed through e tickets and this facility not available to un-reserved tickets . The Claimant must be an injured person or legal heirs of the deceased person as defined under section 123 and 125 of Railways act , the amount of compensation be paid as per Railways rules from Rs. 64,000 to 8,00,000 to injured and legal heirs of the deceased persons. The claim application must be filed within the one year of the accident , proper territorial Jurisidcition of Railway claims tribbuanl, and it had powers of Civil court and while enquiring matters follow the natural justice principles . No court fee will payable for claiming railway compensation. For proving cases initial burden on the claimant , by filing the affidavit , the burden discharges shifted to railway authorities. As per the Union of India vs. Rina devi the principles is that death or injury in the course of boarding or de-boarding a train will be an ‘untoward incident’ entitling a victim to the compensation. In Union of India Vs. Rahda yadav It was found by the High Court that in terms of Section 124-A of theRailways Act the ‘Principle of Strict Liability’ would arise In Kamukayi vs Union Of India on 16 May, 2023 Supreme court held that However, mere absence of ticket with such injured or deceased will not negative the claim that he was a bona fide passenger.
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