Ex-Gratia Relief for Railway Accidents
120 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the purpose of the ex-gratia payment in the case of train accidents?

  • To provide financial support to victims in addition to compensation. (correct)
  • To cover the costs of medical treatment for victims.
  • To compensate victims for their injuries or loss of life.
  • To prevent lawsuits against the railways.

    • Who is responsible for sanctioning or arranging ex-gratia payments?

  • The Deputy Comptroller and Auditor General
  • The Executive Director (Public Grievances) of the Railway Board
  • The Finance Directorate of the Ministry of Railways.
  • A Senior Scale Officer nominated by the General Manager (correct)

    • What is the primary legal basis for the Railways' liability in the event of an accident at a manned level crossing gate?

  • The Indian Penal Code
  • The Law of Torts (correct)
  • The Consumer Protection Act.
  • The Railway Act

    • What is the maximum amount of ex-gratia relief that can be provided to a victim of a train accident?

    <p>It is not specified in the document.</p> Signup and view all the answers

    Who should receive ex-gratia payments in addition to those killed or injured by train accidents?

    <p>Railway servants injured while performing their duties.</p> Signup and view all the answers

    According to the document, which of these are NOT considered as untoward incidents for ex-gratia payment?

    <p>Level crossing gate accidents.</p> Signup and view all the answers

    What is the effective date for the implementation of these instructions regarding ex-gratia payments?

    <p>September 18, 2023</p> Signup and view all the answers

    What is the reason for the duplication of the letter's header with slightly different numbers?

    <p>It is intended to be sent to different recipients with specific details.</p> Signup and view all the answers

    Based on the information provided, what is the main objective of the document?

    <p>To introduce new guidelines for ex-gratia payments in case of train accidents.</p> Signup and view all the answers

    What is the role of the PFA in the context of this document?

    <p>To ensure compliance with the new instructions regarding ex-gratia payments.</p> Signup and view all the answers

    What is the maximum duration for which ex-gratia payment is provided to a grievously injured passenger?

    <p>12 months</p> Signup and view all the answers

    Under which circumstances is ex-gratia relief exclusively provided to passengers?

    <p>Train accidents or untoward incidents as defined under the Railways Act</p> Signup and view all the answers

    Who needs to certify treatment beyond 30 days for further ex-gratia payment?

    <p>A Railway Doctor</p> Signup and view all the answers

    Who coordinates the payment of ex-gratia to injured persons receiving treatment outside Railway hospitals?

    <p>Senior Divisional Commercial Manager (Sr.DCM) in coordination with Senior Divisional Medical Officer (Sr.DMO)</p> Signup and view all the answers

    What is the maximum amount of immediate relief that can be paid in cash for initial expenses?

    <p>Rs. 50,000</p> Signup and view all the answers

    Besides cash, how can the remaining ex-gratia amount be paid to the injured party?

    <p>Account Payee Cheque, RTGS/NEFT or any other online payment</p> Signup and view all the answers

    Under what condition can the Railways disburse the entire ex-gratia amount through online payment methods, notwithstanding the immediate cash payment?

    <p>When the Railway authority deems it appropriate</p> Signup and view all the answers

    In which of the following cases is ex-gratia relief NOT admissible?

    <p>Unmanned railway crossing accidents due to OHE (Over Head Equipment).</p> Signup and view all the answers

    What is the role of Sr.Divisional Medical Officers (Sr.DMO) regarding injured persons in non-Railway hospitals?

    <p>To keep track of the injured's treatment</p> Signup and view all the answers

    What is the primary objective for Senior DCM/DCM during ex-gratia payment?

    <p>To avoid any inconvenience to the injured person.</p> Signup and view all the answers

    What is the primary subject of the circular referenced by No. 2023/TC-III/49/1/Ex-gratia?

    <p>Ex-gratia relief for railway passengers and road users in specific accidents</p> Signup and view all the answers

    Which railway act sections are explicitly linked to the definitions of accidents and untoward incidents in the context of ex-gratia relief?

    <p>Sections 123, 124, and 124-A</p> Signup and view all the answers

    What is the main action taken by the Railway Board regarding the previous instructions on ex-gratia relief?

    <p>They are entirely superseded by new instructions</p> Signup and view all the answers

    In addition to passengers involved in train accidents, who else is included in the scope of the revised ex-gratia relief?

    <p>Road users at manned level crossings due to railway liability</p> Signup and view all the answers

    What is the date of the circular that revises ex-gratia relief amounts?

    <p>18.09.2023</p> Signup and view all the answers

    Who are the primary recipients of this circular?

    <p>All General Managers (Claims) of Indian Railways</p> Signup and view all the answers

    Which of the following is NOT a superseded instruction with respect to ex-gratia relief?

    <p>2023/TC-III/49/1/Ex-gratia dated 18.09.2023</p> Signup and view all the answers

    What is the specific context in which road users are eligible for ex-gratia relief, as stated in the circular?

    <p>Accidents at manned level crossing gates where railway is liable</p> Signup and view all the answers

    What type of accidents are explicitly covered by the term 'Untoward Incidents' under the Railways Act, 1989?

    <p>Incidents defined under sections 124 and 124-A of the Railways Act</p> Signup and view all the answers

    According to the circular what is being revised?

    <p>The amount of ex-gratia relief.</p> Signup and view all the answers

    What is the ex-gratia amount provided for a simple injury in the event of a train accident as defined under Section 124 of the Railways Act, 1989?

    <p>Rs. 50,000</p> Signup and view all the answers

    If a passenger sustains a grievous injury during an untoward incident and is hospitalized for 45 days, what is the additional ex-gratia relief amount they would be eligible for?

    <p>Rs. 67,500</p> Signup and view all the answers

    What is the ex-gratia amount for death in an accident at a manned level crossing due to the Railway's prima facie liability?

    <p>Rs. 5,00,000</p> Signup and view all the answers

    What is the daily additional ex-gratia amount for a grievously injured passenger in the event of a train accident, after being hospitalized beyond 30 days and until being discharged?

    <p>Rs. 3,000</p> Signup and view all the answers

    For an untoward incident, what is the ex-gratia for a grievous injury?

    <p>Rs. 50,000</p> Signup and view all the answers

    If a passenger is grievously injured in a train accident and requires hospitalization for 25 days, how much additional ex-gratia is released?

    <p>Rs. 75,000</p> Signup and view all the answers

    What is the ex-gratia amount for simple injury in the event of a Manned Level Crossing accident?

    <p>Rs. 50,000</p> Signup and view all the answers

    In case of an untoward incident, a person is hospitalized for 8 months with grievous injury what would be the additional ex-gratia they would be eligible to get?

    <p>Rs. 1,35,000</p> Signup and view all the answers

    How is the additional ex-gratia relief amount released for grievously injured passengers, in case of train accidents?

    <p>At the end of every 10 day period or date of discharge, whichever is earlier.</p> Signup and view all the answers

    What is the amount of ex-gratia for death caused by a untoward incident?

    <p>Rs 1,50,000</p> Signup and view all the answers

    Which of the following best describes the overarching change made by the circular 2023/TC-III/49/1/Ex-gratia?

    <p>Revision of the quantum of ex-gratia relief amounts.</p> Signup and view all the answers

    What is the significance of the phrase 'prima facie liability' in the context of ex-gratia payments at Manned Level Crossing gate accidents?

    <p>It suggests that the Railways are initially assumed to be responsible, requiring proof of non-liability.</p> Signup and view all the answers

    What common element do the various superseded instructions listed in the circular share?

    <p>They all pertain to the ex-gratia relief payments in Railway accidents.</p> Signup and view all the answers

    How are the Sections 123, 124 & 124-A of the Railways Act, 1989 related to the ex-gratia relief?

    <p>They are the legal basis that define the types of accidents and incidents eligible for ex-gratia.</p> Signup and view all the answers

    What is the primary purpose of the given circular?

    <p>To revise the existing rules concerning ex-gratia relief.</p> Signup and view all the answers

    How does the circular differentiate between 'Train Accidents' and 'Untoward Incidents' in the context of ex-gratia relief?

    <p>It doesn't differentiate, but states that both are covered under similar sections of the Railways Act.</p> Signup and view all the answers

    What is not explictly stated but can still be inferred from the circular regarding the ex-gratia payment amounts?

    <p>The circular implies a revision from older amounts to newer ones, but does not show absolute amounts in the document itself.</p> Signup and view all the answers

    What is the relationship between the 'General Managers (Claims)' and the circular?

    <p>They are the entities intended to receive information and implement the revisions.</p> Signup and view all the answers

    What can be inferred about the nature of previous instructions on ex-gratia relief based on the circular's content?

    <p>They have been made obsolete by the new changes.</p> Signup and view all the answers

    Which circumstance is NOT explicitly mentioned as a condition for receiving Ex-gratia relief?

    <p>Injury to a railway passenger while travelling without a valid train ticket.</p> Signup and view all the answers

    Which of the following actions related to ex-gratia payments must be conducted at the accident spot by a Senior Scale Officer?

    <p>Confirming initial medical attendance and making reasonable initial enquiries.</p> Signup and view all the answers

    What is the relationship between ex-gratia payments and the final claim for compensation?

    <p>Ex-gratia payments are accounted for as a partial compensation when the final claim is processed.</p> Signup and view all the answers

    Under the Law of Torts, against whom is an award tenable if an accident occurs at a manned level crossing due to the Railway's prima facie liability?

    <p>The Railway Organisation</p> Signup and view all the answers

    For which of the following scenarios are ex-gratia payments specifically mentioned as applicable to railway servants?

    <p>When a railway servant is struck by a moving train as they perform their duties.</p> Signup and view all the answers

    When should payments for ex-gratia relief be ideally sanctioned or arranged?

    <p>Preferably on the spot or as soon as possible after the incident.</p> Signup and view all the answers

    What is the critical criterion for the disbursement of ex-gratia payments beyond the initial 30 days of hospitalization for a grievously injured passenger?

    <p>Certification by a Railway Doctor of continued indoor treatment.</p> Signup and view all the answers

    Who is responsible for nominating a person to oversee the sanctioning and arrangement of ex-gratia payments?

    <p>The General Manager of the Railway Zone</p> Signup and view all the answers

    If a grievously injured passenger is treated in a non-Railway hospital, what is the key procedural step for them to receive the remaining ex-gratia payment?

    <p>Obtain certification from a Railway Doctor for their treatment.</p> Signup and view all the answers

    When can the Railways decide to pay the complete ex-gratia amount through online transfer, deviating from the mode mentioned in paras 3.1 and 3.2?

    <p>If deemed appropriate by the railway authorities.</p> Signup and view all the answers

    Which directorate's concurrence is required for the issuance of the ex-gratia payment instructions?

    <p>The Finance Directorate.</p> Signup and view all the answers

    What is the primary responsibility of Senior DCM/DCM concerning ex-gratia payments to injured persons?

    <p>To avoid inconvenience to the injured during ex-gratia disbursal.</p> Signup and view all the answers

    From what date do the instructions pertaining to ex-gratia payments come into force?

    <p>18th September 2023.</p> Signup and view all the answers

    According to the document, under what specific condition is ex-gratia relief NOT admissible, referring to accidents involving Over Head Equipment?

    <p>When the accident involves road users at an unmanned level crossing.</p> Signup and view all the answers

    Who is the primary audience that should acknowledge receipt of the instructions regarding ex-gratia payments?

    <p>PFA (Principal Financial Advisors) of all Indian Railways.</p> Signup and view all the answers

    What is the explicit role of the Deputy Comptroller and Auditor General in regards to the ex-gratia payment circular?

    <p>To receive a copy of the circular for information and record</p> Signup and view all the answers

    What is the maximum period for which ex-gratia is payable to the grievously injured passenger?

    <p>12 months</p> Signup and view all the answers

    What is the initial relief amount that can be paid in cash as an immediate measure?

    <p>Up to Rs. 50,000</p> Signup and view all the answers

    For ex-gratia payments to a grievously injured passenger, which section of the Railways Act, 1989, is specifically linked to the definitions of accidents and untoward incidents?

    <p>Section 123, read with Section 124/124-A</p> Signup and view all the answers

    Who are primarily responsible for keeping track of injured persons taking treatment in non-Railway hospitals?

    <p>Sr.Divisional Medical Officers</p> Signup and view all the answers

    If a grievously injured passenger is treated for 4 months, how many months of ex-gratia payment can they claim?

    <p>12 months</p> Signup and view all the answers

    A passenger experiences a grievous injury in a train accident and is hospitalized for 35 days. Considering the additional ex-gratia relief, calculate the total ex-gratia amount they would receive, assuming they are discharged on day 35.

    <p>Rs. 2,512,000</p> Signup and view all the answers

    An individual sustains a simple injury during a manned level crossing accident due to railway's prima facie liability and is hospitalized for a brief period. What is the total ex-gratia amount they would receive?

    <p>Rs. 50,000</p> Signup and view all the answers

    A person is grievously injured in an untoward incident and is hospitalized for 120 days. Calculate the additional ex-gratia amount they would be eligible for.

    <p>Rs. 1,21,500</p> Signup and view all the answers

    In case of a death due to a train accident, what is the amount of ex-gratia provided?

    <p>Rs. 5,00,000</p> Signup and view all the answers

    An individual is injured in an untoward incident and incurs simple injury. What is the ex-gratia amount they are eligible for?

    <p>Rs. 5,000</p> Signup and view all the answers

    If a person is grievously injured in a manned level crossing accident and is hospitalized for 20 days, what is the total ex-gratia amount including additional payments, they are eligible for?

    <p>Rs. 2,50,000</p> Signup and view all the answers

    A person with a grievous injury due to a train accident is hospitalized for 330 days. Calculate the total additional ex-gratia amount they will receive.

    <p>Rs. 157,500</p> Signup and view all the answers

    What is the total ex-gratia payable if someone dies in an untoward incident?

    <p>Rs. 1,50,000</p> Signup and view all the answers

    An individual sustains a grievous injury in a train accident and is hospitalized for 15 days. What is the additional ex-gratia amount they are eligible to receive?

    <p>0</p> Signup and view all the answers

    If an individual sustains a simple injury due to a train accident and is hospitalized for 20 days, how much total ex-gratia will they receive?

    <p>Rs. 50,000</p> Signup and view all the answers

    What is the primary action of the Railway Board as communicated in this document?

    <p>To revise the amount of ex-gratia relief payments.</p> Signup and view all the answers

    According to the document which of the following is a criteria for compensation for road users?

    <p>Accidents where the Railway is liable at a Manned Level Crossing.</p> Signup and view all the answers

    What is the direct implication of the supersession of previous instructions, as stated in this circular?

    <p>The current circular immediately takes precedence over prior instructions on the topic.</p> Signup and view all the answers

    Which group is NOT a direct recipient of this circular regarding ex-gratia payments?

    <p>Divisional Railway Managers.</p> Signup and view all the answers

    The revision of ex-gratia relief primarily addresses:

    <p>The monetary amounts paid to victims.</p> Signup and view all the answers

    What does 'prima facie liability' signify in the context of accidents at Manned Level Crossing Gates?

    <p>The initial indication of the Railway’s responsibility.</p> Signup and view all the answers

    What is the maximum period for which ex-gratia may be payable to a grievously injured passenger?

    <p>12 months</p> Signup and view all the answers

    For ex-gratia payment after 30 days of treatment as an indoor patient, what certification is needed?

    <p>A certification by a Railway Doctor, including for non-railway hospitals</p> Signup and view all the answers

    What aspect of the claims process is NOT altered by this document?

    <p>The legal framework governing the claims.</p> Signup and view all the answers

    Who should keep track of injured persons taking treatment in other than Railway hospitals?

    <p>The Sr. Divisional Medical Officers</p> Signup and view all the answers

    According to the document, which of these was the MOST recent superseded instruction?

    <p>2011/TC-III27/29/Ex-gratia dated 26.07.2012</p> Signup and view all the answers

    What is the maximum amount that can be paid in cash as immediate relief for initial expenses?

    <p>Rs 50,000</p> Signup and view all the answers

    The document references Sections 123, 124, and 124-A of the Railways Act, 1989. What do these sections primarily deal with?

    <p>Definitions and responsibilities related to railway accidents and untoward incidents.</p> Signup and view all the answers

    In which year was the earliest previous instruction on ex-gratia relief, that is now superseded, issued?

    <p>1995</p> Signup and view all the answers

    Besides cash, how can the remaining amount of ex-gratia payment be made to the injured?

    <p>By Account Payee Cheque, RTGS/NEFT or other online modes</p> Signup and view all the answers

    Under what condition can the Railways disburse the entire ex-gratia amount by online payment?

    <p>If deemed appropriate by Railways, notwithstanding the provision of cash payment</p> Signup and view all the answers

    In which case the ex-gratia relief is not admissible?

    <p>Accident due to OHE at unmanned level crossing</p> Signup and view all the answers

    Who does the Sr.DCM/DCM coordinate ex-gratia payments with?

    <p>Sr. Divisional Medical Officer</p> Signup and view all the answers

    What is the primary goal of the Sr.DCM/DCM regarding payments?

    <p>To ensure that the injured receives payment on time, at their doorstep, without inconvenience.</p> Signup and view all the answers

    To whom does the ex-gratia relief apply?

    <p>Only grievously injured passengers in train accidents or untoward incidents.</p> Signup and view all the answers

    According to the document, which of the following is considered when determining the amount of compensation payable in train accidents?

    <p>Ex-gratia payments previously made</p> Signup and view all the answers

    What is the role of a Senior Scale Officer in the context of ex-gratia payments?

    <p>To conduct enquiries and arrange payments at the site</p> Signup and view all the answers

    In case of railway servants injured while performing their duty, the ex-gratia payment procedure involves:

    <p>Sanctioning and arranging payments preferably on the spot</p> Signup and view all the answers

    What is a key factor in the Railways' liability regarding accidents at manned level crossing gate?

    <p>The Railways’ prima facie liability</p> Signup and view all the answers

    What type of incidents must be attended to immediately concerning the injured as laid out in the document?

    <p>Ensuring that medical needs are the absolute first priority</p> Signup and view all the answers

    Which of these must occur before the sanctioning or arranging of payments?

    <p>Enquiries must be made by a Senior Scale Officer</p> Signup and view all the answers

    According to the document, ex-gratia payments apply to all of the following EXCEPT:

    <p>Trespassers killed or injured on the railway</p> Signup and view all the answers

    The document specifies that ex-gratia payments should be sanctioned through:

    <p>A General Manager nominated authority</p> Signup and view all the answers

    From which date do the instructions regarding ex-gratia payments come into force?

    <p>September 18, 2023</p> Signup and view all the answers

    Which of the following entities receive a copy of the ex-gratia circular other than the PFA?

    <p>The Deputy Comptroller and Auditor General of India (Railways)</p> Signup and view all the answers

    What is the ex-gratia amount provided for a grievous injury resulting from a train accident, as defined under Section 124 of the Railways Act, 1989?

    <p>Rs. 2,50,000</p> Signup and view all the answers

    According to the instructions, what is the ex-gratia amount for a simple injury caused by an untoward incident?

    <p>Rs. 5,000</p> Signup and view all the answers

    For an accident at a manned level crossing due to Railway's prima facie liability, what is the ex-gratia for death?

    <p>Rs. 5,00,000</p> Signup and view all the answers

    If a grievously injured passenger is hospitalized for 35 days after a train accident, what additional ex-gratia is released for those 5 days beyond 30?

    <p>Rs. 15000</p> Signup and view all the answers

    If a person suffers a grievous injury in an untoward incident and is hospitalized for 15 days, what is the additional ex-gratia amount they would receive?

    <p>No additional payment</p> Signup and view all the answers

    What is the daily additional ex-gratia amount provided for a grievously injured passenger, in case of an untoward incident, after 6 months of hospitalization?

    <p>Rs. 750</p> Signup and view all the answers

    If a person suffers a grievous injury due to a train accident and is hospitalized for 7 months, what is the total additional ex-gratia amount they are eligible to receive?

    <p>Rs. 120,000</p> Signup and view all the answers

    A person is injured at a manned level crossing with a simple injury, what is the amount of ex-gratia they would be entitled to?

    <p>Rs. 50,000</p> Signup and view all the answers

    Which of the following best describes the relationship between the ex-gratia for train accidents and for accidents at manned level crossings, regarding death?

    <p>Train accidents and manned level crossing accidents receive the same ex-gratia amount.</p> Signup and view all the answers

    How does the additional ex-gratia relief differ between train accidents and untoward incidents for grievous injuries?

    <p>Train accidents receive double the amount per day, before 6 months.</p> Signup and view all the answers

    Study Notes

    Ex-Gratia Relief for Railway Accidents

    • Ex-gratia relief amounts revised for train accidents, untoward incidents, and manned level crossing accidents.
    • This supersedes previous instructions.
    • Amounts vary based on the type of accident (death, grievous injury, simple injury).

    Train Accident Ex-Gratia Amounts

    • Death: ₹5,00,000
    • Grievous Injury: ₹2,50,000
    • Simple Injury: ₹50,000

    Untoward Incident Ex-Gratia Amounts

    • Death: ₹5,00,000
    • Grievous Injury: ₹50,000
    • Simple Injury: ₹5,000

    Manned Level Crossing Accident Ex-Gratia Amounts

    • Death: ₹5,00,000
    • Grievous Injury: ₹2,50,000
    • Simple Injury: ₹50,000

    Additional Ex-Gratia for Hospitalization

    • For grievous injuries beyond 30 days, daily ex-gratia is provided.
    • Train accidents: ₹3,000 per 10-day period or discharge date
    • Untoward incidents: ₹1,500 per 10-day period for the first six months, then ₹750 per 10-day period for the next five months or discharge date, whichever is earlier.
    • Lump sum payment for the first 30 days of hospitalization is mentioned in table (1).
    • Maximum hospitalization period for ex-gratia is 12 months.
    • Ex-gratia is only for passengers grievously injured in train accidents or untoward incidents. Treatment in a non-railway hospital needs certification by a Railway Doctor if treatment is for more than 30 days to continue ex-gratia payment for the remaining 11 months or less.
    • Sr. Divisional Medical Officers monitor patients in non-railway hospitals. Coordination with Sr. DMOs is ensured to avoid any problems for injured people. Payments are to be scheduled as per the table in para (2) at the place of the injured person.

    Mode of Payment

    • Relief of up to ₹50,000 payable in cash.
    • Remaining amount by cheque/RTGS/NEFT.
    • Railways can also pay whole relief as cheque/RTGS/NEFT if appropriate

    Other Terms and Conditions

    • No ex-gratia for unmanned crossings, trespassers, and OHE-related accidents.
    • Ex-gratia is not included in final compensation claims for train accidents / Untoward Incidents
    • Ex-gratia is considered while offering compensation for manned level crossing accidents if a case against railway is tenable.
    • Senior scale officers sanctioned spot payments based on inquiries to injured persons. Decisions about payments are to be made by the General Manager's office.
    • Instructions come into effect from 18 September 2023.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    2023 Indian Railways Ex-Gratia Instructions PDF

    Description

    This quiz covers the revised ex-gratia relief amounts for different types of railway accidents, including train accidents, untoward incidents, and manned level crossing accidents. You will learn the specifics regarding compensation for deaths and injuries.

    More Like This

    Words with 'ex-' Prefix Flashcards
    10 questions

    Words with 'ex-' Prefix Flashcards

    AttentiveRococo avatar
    AttentiveRococo
    Ex. 18 Blood Vessels Flashcards
    12 questions

    Ex. 18 Blood Vessels Flashcards

    StatuesquePrimrose avatar
    StatuesquePrimrose
    EX
    45 questions

    EX

    ProactiveJadeite3962 avatar
    ProactiveJadeite3962
    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser