Railway Liability Act Chapter IV Quiz

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Questions and Answers

What is the main topic discussed in Chapter IV of the document?

  • Liability of Railway Administration for accidents and untoward incidents (correct)
  • Powers of General Managers in making ex-gratia payments
  • Ex-gratia payments for accidents involving trains
  • Claims for compensation related to loss or damage of goods

Which Act governs the liability of the Railway Administration for deaths and injuries to passengers due to accidents and untoward incidents?

  • Railways Act, 1989 (correct)
  • Railway Claims Tribunal Act, 1987
  • General Clauses Act, 1897
  • None of the above

What are the definitions of 'accident' and 'untoward incident' found in?

  • The General Clauses Act, 1897
  • The Railway Claims Tribunal Act, 1987
  • Sections 123, 124 & 124-A of the Railway Act, 1989 (correct)
  • Chapter XIII of the Railways Act, 1989

Where can an application for compensation be made in case of a railway accident?

<p>The Railway Claims Tribunal (C)</p> Signup and view all the answers

Which Act authorizes the Central Government to set rules regarding compensation for railway accidents?

<p>Railways Act, 1989 (A)</p> Signup and view all the answers

Where are the rules made by the Central Government regarding compensation for railway accidents located?

<p>Appendix IV attached to these rules (C)</p> Signup and view all the answers

What is the ex-gratia payment for the death of a passenger in a 'Train Accident' as defined in Section 124?

<p>Rs. 50,000/- (B)</p> Signup and view all the answers

What is the ex-gratia payment for a passenger suffering a grievous injury in a 'Train Accident'?

<p>Rs. 25,000/- (B)</p> Signup and view all the answers

In the context of the document, what does the term 'Ex-gratia' refer to?

<p>Payment made as a gesture of goodwill (C)</p> Signup and view all the answers

Besides compensation for loss of goods, what other type of claims are discussed in Chapter IV?

<p>Claims for death or injury to passengers due to accidents (B)</p> Signup and view all the answers

What is the maximum amount of ex-gratia payable to a grievously injured passenger in an 'untoward Incident'?

<p>Rs. 45,000/- (B)</p> Signup and view all the answers

What is the ex-gratia amount payable to the dependents of a passenger who dies in an 'untoward Incident'?

<p>Rs. 15,000/- (B)</p> Signup and view all the answers

How much ex-gratia is payable to a grievously injured passenger per day after the first 10 days of hospitalization, up to 12 months?

<p>Rs. 300/- (B)</p> Signup and view all the answers

For how long is ex-gratia payable to a grievously injured passenger in an 'untoward Incident'?

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

What is the ex-gratia amount paid for a simple injury in an 'untoward Incident'?

<p>Rs. 500/- (A)</p> Signup and view all the answers

What is the ex-gratia amount payable for death due to a Railway accident at a manned level crossing?

<p>Rs. 50,000/- (D)</p> Signup and view all the answers

What is the ex-gratia amount payable for grievous injuries due to a Railway accident at a manned level crossing?

<p>Rs. 25,000/- (C)</p> Signup and view all the answers

What is the definition of an 'untoward Incident' in the context of this document?

<p>Any incident resulting in passenger injury or death (D)</p> Signup and view all the answers

What is the ex-gratia amount payable for hospitalization up to 30 days for a grievously injured passenger in an 'untoward Incident'?

<p>Rs. 5,000/- (C)</p> Signup and view all the answers

What is the ex-gratia amount payable per week for indoor treatment beyond 30 days and up to 6 months for a grievously injured passenger in an 'untoward Incident'?

<p>Rs. 1,000/- (C)</p> Signup and view all the answers

Who is responsible for tracking injured individuals receiving treatment outside of Railway hospitals?

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

What is the maximum amount of compensation a General Manager can authorize for claims settled out of court?

<p>Rs. 10,000 (A)</p> Signup and view all the answers

What is the role of the Sr. DCM/DCM in regards to injured individuals receiving treatment outside Railway hospitals?

<p>They handle the payment of compensation. (A)</p> Signup and view all the answers

When is legal advice required before settling a claim for compensation?

<p>For all compensation claims, regardless of the settlement method. (B)</p> Signup and view all the answers

What is the purpose of the Railway Board being informed about cases involving expenditure exceeding Rs. 25,000?

<p>To ensure compliance with legal procedures. (D)</p> Signup and view all the answers

What type of compensation is specifically addressed in the content?

<p>Compensation for any injuries sustained on Railway property. (D)</p> Signup and view all the answers

Which department is responsible for handling claims for compensation, excluding those related to goods lost or damaged and railway accidents?

<p>Traffic Commercial Department (B)</p> Signup and view all the answers

What is the primary purpose of the Railway Board Letter No. 2014/TC-III/1/2/IRCT(C)/Ch.IV dated ACS No. 22?

<p>To clarify the responsibilities of various departments in handling compensation claims. (A)</p> Signup and view all the answers

What is the significance of the phrase "at the doorstep of injured person" in the context of the document?

<p>It highlights the priority of providing prompt assistance to injured individuals. (C)</p> Signup and view all the answers

What is the purpose of the note stating that the powers under item (a) above should not be redelegated?

<p>To ensure that General Managers have adequate authority to handle compensation claims. (C)</p> Signup and view all the answers

In what scenario is a lump sum ex-gratia payment of Rs. 5,000/- provided?

<p>Simple injuries sustained in a train accident. (C)</p> Signup and view all the answers

Who is NOT eligible for ex-gratia relief?

<p>A trespasser on railway property. (B)</p> Signup and view all the answers

What is the maximum period covered by ex-gratia payment for hospitalization?

<p>1 year (D)</p> Signup and view all the answers

In the case of a road user injured at a manned level crossing, how is the ex-gratia payment treated in relation to possible compensation?

<p>It is considered as partial compensation, and any further legal claim will be reduced by this amount. (C)</p> Signup and view all the answers

Which of the following acts defines the criteria for 'grievously injured' in relation to ex-gratia payments?

<p>The Railways Act, 1989 (C)</p> Signup and view all the answers

Who is responsible for sanctioning ex-gratia payments?

<p>A Senior Scale Officer nominated by the General Manager. (B)</p> Signup and view all the answers

Which type of injuries are eligible for ex-gratia payments, regardless of the hospitalisation duration?

<p>Simple injuries. (B)</p> Signup and view all the answers

In which case are ex-gratia payments NOT taken into account when calculating formal compensation claims?

<p>Road users at manned level crossings. (A)</p> Signup and view all the answers

What is the purpose of the ex-gratia relief system?

<p>To provide immediate financial assistance to victims of railway accidents. (A)</p> Signup and view all the answers

What is the main difference between ex-gratia payment and formal compensation?

<p>Formal compensation requires a legal case to be filed. (A)</p> Signup and view all the answers

A passenger is grievously injured in an 'untoward Incident' and hospitalized for 30 days, receiving Rs 5,000/- as a lump sum for initial expenses. How long will they be eligible for a further weekly ex-gratia payment of Rs 1000/-?

<p>Up to a further 6 months from the end of the initial 30 days (B)</p> Signup and view all the answers

A road user is killed in an accident at a manned level crossing due to the Railway's negligence. How much ex-gratia relief is their family entitled to receive?

<p>Rs. 50,000/- (C)</p> Signup and view all the answers

If a passenger sustains a simple injury in an 'untoward Incident', what is the maximum duration for which they are eligible to receive ex-gratia payments?

<p>There is no specified duration in the text for simple injuries (C)</p> Signup and view all the answers

A grievously injured passenger receives Rs 300/- per day after the first 10 days of hospitalization. When does this daily payment stop, assuming their hospitalization continues beyond 12 months?

<p>After 12 months (B)</p> Signup and view all the answers

A passenger is hospitalized for 7 months after a grievous injury sustained in an 'untoward Incident'. How much ex-gratia will they receive for the period between 30 days and 6 months of hospitalization?

<p>Rs 20,000/- (C)</p> Signup and view all the answers

A passenger is hospitalized for 5 months following a grievous injury in an 'untoward Incident'. If they receive Rs 1000/- per week for the first 6 months, what is the total ex-gratia they will receive for the entire hospitalization period?

<p>Rs. 26,000/- (A)</p> Signup and view all the answers

Imagine a grievous injury in an 'untoward Incident' requiring hospitalization for 26 weeks. What is the total ex-gratia amount the injured passenger will receive?

<p>Rs. 26,000/- (C)</p> Signup and view all the answers

If a passenger dies in an 'untoward Incident', their family receives Rs. 15,000/-. A road user is killed in a Railway accident due to negligence at a manned level crossing. What is the difference in the ex-gratia they receive?

<p>Rs. 35,000/- (B)</p> Signup and view all the answers

In the context of the provided content, what is the MAXIMUM amount of ex-gratia relief a passenger can receive for hospitalization after an 'untoward Incident'?

<p>Rs. 31,000/- (C)</p> Signup and view all the answers

A passenger sustains a grievous injury during an 'untoward Incident', requiring 1 month of hospitalization. How much ex-gratia relief will they receive?

<p>Rs. 15,000/- (B)</p> Signup and view all the answers

What is the responsibility of the Sr. Divisional Medical Officers concerning injured individuals?

<p>To keep track of injured persons receiving treatment outside of Railway hospitals. (D)</p> Signup and view all the answers

What must be provided for treatment not conducted in Railway hospitals according to the guidelines?

<p>Certification from a Railway Doctor. (C)</p> Signup and view all the answers

What is the limit on claims settled out of court by General Managers?

<p>Rs. 10,000. (D)</p> Signup and view all the answers

Which scenario qualifies for an ex-gratia payment of Rs. 5,000?

<p>In case of simple injuries, irrespective of hospitalization (A)</p> Signup and view all the answers

Why must claims involving expenditures over Rs. 25,000 be reported to the Railway Board?

<p>For information and oversight. (C)</p> Signup and view all the answers

Which of the following authorities should coordinate with Sr. DMO regarding treatment and payment arrangements for injured persons?

<p>Sr. DCM/DCM. (D)</p> Signup and view all the answers

Who is responsible for arranging ex-gratia payments on-site after an accident?

<p>A Senior Scale Officer nominated by the General Manager (D)</p> Signup and view all the answers

Which of the following individuals is eligible for ex-gratia payments?

<p>A railway servant injured while on duty (A)</p> Signup and view all the answers

What is required before deciding to contest a suit in a court of law for compensation claims?

<p>Obtaining legal advice. (C)</p> Signup and view all the answers

What does the note regarding the redelegation of powers under claims settled out of court imply?

<p>The authority cannot be passed down to lower levels. (C)</p> Signup and view all the answers

What is the maximum treatment period required for certification by a Railway Doctor to qualify for further ex-gratia payment?

<p>30 days of hospitalization plus additional certification (A)</p> Signup and view all the answers

In the case of road users at manned level crossings, how is ex-gratia relief treated?

<p>It is considered in the calculation for possible legal compensation (B)</p> Signup and view all the answers

Which of the following is a condition for General Managers' compensation claims payment powers?

<p>Expenditures exceeding Rs. 25,000 must be reported to the Railway Board. (D)</p> Signup and view all the answers

What is a primary concern for the Sr. DCM/DCM in regards to injured persons?

<p>Ensuring timely delivery of compensation. (D)</p> Signup and view all the answers

Under which circumstance can ex-gratia payments be excluded from formal compensation claims?

<p>When injuries occur at an unmanned level crossing (C)</p> Signup and view all the answers

What is the effect of the ex-gratia relief for passengers grievously injured in train accidents?

<p>It provides additional relief alongside formal compensation claims (D)</p> Signup and view all the answers

Which authority regulates the maximum payment limits for claims arising from railway related incidents?

<p>The Railway Board. (B)</p> Signup and view all the answers

Which condition does NOT qualify for ex-gratia payment?

<p>For a pedestrian hit by a train while crossing at an unmanned level crossing (D)</p> Signup and view all the answers

What type of injuries does the ex-gratia payment cover regardless of hospitalization duration?

<p>Simple injuries not requiring treatment (A)</p> Signup and view all the answers

What condition is specified for ex-gratia payments to be valid for road users at manned level crossings?

<p>A court must award a compensation amount concurrently (C)</p> Signup and view all the answers

What is the ex-gratia amount payable to the dependents of a passenger who dies in a 'Train Accident' as defined in Section 124, in the context of this document?

<p>Rs. 50,000/- (C)</p> Signup and view all the answers

Which act defines the criteria for 'grievously injured' in relation to ex-gratia payments?

<p>The criteria for 'grievously injured' are not defined in any specific act. (A)</p> Signup and view all the answers

In the context of the document, what is the primary purpose of the Railway Board Letter No. 2014/TC-III/1/2/IRCT(C)/Ch.IV dated ACS No. 22?

<p>To establish a procedure for the Railway Administration’s ex-gratia payments to individuals involved in accidents. (D)</p> Signup and view all the answers

Based on the document, what is the primary purpose of the 'at the doorstep of injured person' note?

<p>To emphasize the Railway Administration's commitment to providing immediate assistance to those injured in accidents. (B)</p> Signup and view all the answers

Which of the following statements accurately reflects the document's stance on ex-gratia payments in relation to formal compensation claims?

<p>Ex-gratia payments are separate from formal compensation claims and are not deducted from any subsequent awards. (D)</p> Signup and view all the answers

Which of the following options is NOT eligible for ex-gratia relief, according to the document?

<p>A person injured in an accident while crossing the railway line at a designated crossing (B)</p> Signup and view all the answers

Based on the content, what is the main purpose of the ex-gratia relief system?

<p>To provide immediate financial assistance to individuals affected by railway accidents or untoward incidents. (C)</p> Signup and view all the answers

In the context of the document, what is the main difference between ex-gratia payment and formal compensation?

<p>Ex-gratia payments are provided at the discretion of the Railway Administration, while formal compensation is awarded by the Railway Claims Tribunal. (D)</p> Signup and view all the answers

Who is NOT eligible to receive ex-gratia relief?

<p>Road users injured at unmanned level crossings (C), Trespassers (D)</p> Signup and view all the answers

What is the ex-gratia payment for simple injuries, regardless of the hospitalization period?

<p>Rs. 5,000/- (A)</p> Signup and view all the answers

What is the maximum duration for which ex-gratia payments are made for hospitalization?

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

Which of the following is NOT considered when calculating formal compensation claims?

<p>Ex-gratia payments for road users at manned level crossings (C)</p> Signup and view all the answers

In which scenario is ex-gratia payment not taken into account when calculating formal compensation claims?

<p>A road user is injured at a manned level crossing due to the Railway's negligence (B)</p> Signup and view all the answers

Which Act defines the criteria for determining 'grievously injured' for the purposes of ex-gratia payments?

<p>The Railways Act, 1989 (A)</p> Signup and view all the answers

What is the period for which a grievously injured passenger is eligible to receive a weekly ex-gratia payment of Rs. 1000/- after receiving the initial lump sum payment of Rs. 5,000/-?

<p>11 months (D)</p> Signup and view all the answers

What is the ex-gratia payment for the death of a passenger in an "untoward incident"?

<p>Rs. 15,000/- (A)</p> Signup and view all the answers

How much ex-gratia is paid for a simple injury in an "untoward incident"?

<p>Rs. 500/- (B)</p> Signup and view all the answers

What is the ex-gratia payment for a road user who dies due to a Railway accident at a manned level crossing?

<p>Rs. 50,000/- (A)</p> Signup and view all the answers

If a passenger is grievously injured in an "untoward incident", how much ex-gratia will they receive for the first 30 days of hospitalization?

<p>Rs. 5,000/- (A)</p> Signup and view all the answers

What is the ex-gratia payment for a grievously injured passenger hospitalized for 70 days?

<p>Rs. 17,000/- (B)</p> Signup and view all the answers

If a passenger is hospitalized for 180 days following a grievous injury in an "untoward incident", what is the total ex-gratia they will receive?

<p>Rs. 57,000/- (C)</p> Signup and view all the answers

A passenger is injured in an "untoward incident" and hospitalized for 10 days. How much ex-gratia will they receive for these 10 days?

<p>Rs. 5,000/- (C)</p> Signup and view all the answers

A passenger is grievously injured in an "untoward incident" and hospitalized for 6 months. What is the total ex-gratia they will receive for the period between 30 days and 6 months of hospitalization?

<p>Rs. 24,000/- (C)</p> Signup and view all the answers

A passenger is hospitalized for 3 months following a grievous injury in an "untoward incident". How much ex-gratia will they receive for the 3-month period?

<p>Rs. 26,000/- (C)</p> Signup and view all the answers

According to the document, which of the following is NOT a valid reason for a railway accident?

<p>A passenger's poor health (D)</p> Signup and view all the answers

What is the ex-gratia payment for a passenger who dies in a 'Train Accident', as defined in the document?

<p>Rs. 50,000/- (C)</p> Signup and view all the answers

Under which act are the rules by the Central Government regarding compensation for railway accidents placed?

<p>The Railways Act, 1989 (C)</p> Signup and view all the answers

What is the amount of ex-gratia payable to the dependents of a passenger with a grievous injury who is hospitalized for 30 days due to a 'Train Accident'?

<p>Rs. 25,000/- (B)</p> Signup and view all the answers

Which of the following is NOT a source for applying for compensation according to the document?

<p>The Central Government (D)</p> Signup and view all the answers

What is the name of the appendix where the rules by the Central Government regarding compensation for railway accidents are found?

<p>Appendix IV (C)</p> Signup and view all the answers

What is the maximum amount of ex-gratia relief that can be paid to a passenger who is hospitalized for 6 months after a 'Train Accident'?

<p>Rs. 60,000/- (A)</p> Signup and view all the answers

What is the primary source of authority for the information presented in Chapter IV?

<p>A Railway Board letter (B)</p> Signup and view all the answers

Ex-gratia payment, as described in the document, can be seen as:

<p>A voluntary payment (D)</p> Signup and view all the answers

What is the significance of Section 124 of the Railways Act, 1989, as mentioned in Chapter IV?

<p>It defines 'Train Accidents' relevant to ex-gratia payments (D)</p> Signup and view all the answers

Flashcards

Ex-gratia relief for grievous injury

Rs. 300 per day for 12 months for severely injured passengers.

Ex-gratia relief for death

A lump sum of Rs. 15,000 for dependents of deceased passengers.

Ex-gratia relief for hospitalization (initial expenses)

Rs. 5,000 lump sum for initial hospitalization expenses up to 30 days.

Ex-gratia relief for indoor treatment (grievous injury)

Rs. 1,000 per week for 6 months after initial hospitalization.

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Ex-gratia relief for ongoing indoor treatment

Rs. 500 per week for 5 months after the first 6 months of treatment.

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Ex-gratia relief for simple injury

One-time payment of Rs. 500 for minor injuries.

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Compensation for railway negligence (death)

Rs. 50,000 for road users who die in accidents at crossings due to railway negligence.

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Compensation for railway negligence (grievous injury)

Rs. 25,000 for road users who suffer grievous injuries at crossings due to railway negligence.

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Maximum payment period for grievous injuries

Relief is payable for a maximum of 12 months to grievously injured passengers.

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Payment schedule for grievous injuries

Relief payments for grievous injury include daily, weekly, and monthly amounts during treatment.

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Railway Administration Liability

The Railway Administration is liable for death and injury to passengers from accidents as specified in the Railways Act, 1989.

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Accident Definition

An accident is defined in Sections 123, 124 & 124-A of the Railways Act, 1989.

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Untoward Incident

An untoward incident is also defined under the Railways Act, affecting passenger safety.

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Railway Claims Tribunal

A tribunal established for compensation claims related to railway accidents under the 1987 Act.

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Ex-gratia Payment

Compensation paid as a goodwill gesture to accident victims or their dependents.

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Compensation Amount for Death

Rs. 50,000 is payable to dependents in case of a passenger's death in a train accident.

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Compensation for Grievous Injury

Rs. 25,000 lump sum for hospitalization expenses for grievous injuries in train accidents.

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Railways Act, 1989

Legislation governing the liability and compensation for railway accidents and incidents.

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Central Government Rules

Rules made under the Railways Act, detailing the procedures and compensation structures.

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Appendix IV

Contains auxiliary rules and rates for compensations under the Railway Act.

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Lump Sum Payment

A fixed amount of money paid regardless of duration of hospital stay.

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Eligibility Exclusions

Certain individuals like trespassers and electrocuted persons are not eligible for payments.

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Railway’s Prima Facie Liability

Responsibility of Railways in accidents at manned crossings, affecting compensation claims.

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Railway Servants Relief

Payments made to railway workers injured or killed while on duty.

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On-Spot Payment Sanction

Immediate financial assistance arranged by a Senior Officer after assessing the situation.

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Formal Claims Exclusion

Ex-gratia payments are not counted during formal compensation claims.

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Grievous Injury Definition

Severe injuries resulting from train accidents, qualifying for higher relief payments.

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Hospitalization Certification

Certification needed from Railway Doctor for ex-gratia if treatment exceeds 30 days.

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Timeframe for Further Payments

Ex-gratia payments can be made for up to 11 months after initial treatment.

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Railway Doctor Certification

Injured persons must have treatment certified by a Railway Doctor if treated outside Railway hospitals.

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Sr.Divisional Medical Officers

These officers track injured persons receiving treatment outside Railway hospitals.

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Coordination Role of Sr.DCM/DCM

Sr.DCM/DCM coordinate with Sr.DMO to ensure prompt ex-gratia payment to injured persons.

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Claims for Compensation

General Managers settle claims for compensation related to incidents other than goods loss or railway accidents.

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Out-of-Court Claims Authority

General Managers can settle compensation claims up to Rs. 10,000 outside of court.

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Court-Decreed Claims

General Managers have full power for claims decreed by a court, exceeding Rs. 25,000 reported to Railway Board.

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Careful Examination of Claims

Each compensation claim needs careful examination and possibly legal advice before processing.

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Legal Advice for Payment Decisions

Legal advice is essential before deciding to pay any compensation out of court or contesting suits.

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Authority Distribution Limitations

General Managers cannot redelegate their authority to settle claims up to Rs. 10,000.

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Ex-gratia to railway servants

Compensation for railway staff injured or killed on duty.

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Payment for road user accidents

Compensation considered if railway is liable at manned crossings.

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Deadline for hospitalization certification

Certification by a Railway Doctor needed after 30 days of hospital treatment.

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Ex-gratia payments disqualification

Trespassers and electrocuted persons cannot receive ex-gratia payments.

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Ex-gratia for grievous injury

Specific relief for passengers gravely injured in train incidents as per Railways Act.

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Senior Officer's role in payments

Senior Scale Officer authorizes payments after on-site inquiries.

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Duration for potential ex-gratia payment

Ex-gratia payments can extend up to 11 months post-initial treatment.

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Formality of formal claims

Ex-gratia payments aren't counted in formal compensation claims.

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Accidents at unmanned crossings

No ex-gratia payments for accidents involving unmanned level crossings.

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Definition of railway negligence

When the Railways may be held responsible for accidents affecting users.

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Application for Compensation

A claim can be made to the Railway Claims Tribunal as per the Railway Claims Tribunal Act, 1987.

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Sections Defining Accident

Accident definition is provided in Sections 123, 124 & 124-A of the Railways Act, 1989.

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Ex-gratia Payment for Death

Rs. 50,000 is paid to dependents for each passenger death due to train accidents.

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Ex-gratia Payment for Grievous Injury

Rs. 25,000 lump sum is allocated for hospitalization up to 30 days for grievous injuries.

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Ex-gratia Relief Duration

Ex-gratia payments can cover ongoing treatment for up to 11 months.

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Claims Examination Process

Each claim must be carefully examined, often requiring legal advice before payment.

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Ex-gratia relief for grievous injuries (post-hospitalization)

Rs. 1,000 per week for indoor treatment up to 6 months after initial hospitalization.

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Ex-gratia weekly support for grievous injury

Rs. 500 per week for up to 5 months for continued indoor treatment after 6 months.

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Ex-gratia lump sum for grievous injury

Total of Rs. 5,000 for the initial hospitalization costs for grievous injuries up to 30 days.

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Ex-gratia payment for simple injuries

One-time compensation of Rs. 500 for passengers with minor injuries.

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Compensation limit for grievous injuries

Relief is available for a maximum of 12 months for grievously injured passengers.

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Ex-gratia death compensation for dependents

A lump sum of Rs. 15,000 for dependents of deceased passengers in accidents.

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Relief for road users (death)

Rs. 50,000 for road users who die due to railway negligence at crossings.

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Relief for grievous injuries (road)

Rs. 25,000 for road users injured grievously at railway crossings due to negligence.

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Additional provisions for hospitalization

Claims require certification from a Railway Doctor for treatments over 30 days.

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Importance of detailed claims examination

Careful review of claims is necessary for accurate compensation processing.

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Treatment Certification

Injured persons require a Railway Doctor's certification for non-Railway hospital treatment.

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Tracking Injured Persons

Sr.Divisional Medical Officers are responsible for monitoring injured individuals in non-Railway hospitals.

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Coordination for Ex-Gratia

Sr.DCM/DCM coordinate with Sr.DMO to facilitate timely ex-gratia payments to injured persons.

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Claim Settlements by General Managers

General Managers can settle compensation claims up to Rs. 10,000 without court intervention.

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Court-Decreed Claims Responsibility

General Managers have full authority over claims decreed by a court, with spends over Rs. 25,000 reported to Railway Board.

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Powers under Out-of-Court Claims

General Managers cannot delegate authority for settling out-of-court claims capped at Rs. 10,000.

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Legal Advice Requirement

Legal consultation is necessary before deciding on compensation payment or contesting in court.

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Ex-Gratia Payment Process

Ex-gratia payments are to be made without causing inconvenience to injured persons.

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Authority Over Compensation Claims

General Managers hold unique powers for claims, ensuring no redelegation of out-of-court claim authority.

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Ex-gratia relief eligibility

Only specific individuals are eligible for ex-gratia payments, excluding trespassers and electrocuted persons.

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Compensation for road user accidents

Road users injured at manned crossings may receive compensation under Railway's liability.

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Hospitalization ex-gratia duration

Additional ex-gratia payments can extend up to 11 months post-initial treatment for grievous injuries.

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Railway's prima facie liability

The Railways may be liable for accidents at manned crossings, impacting compensation claims.

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Certification for hospitalization

A Railway Doctor must certify treatment exceeding 30 days for further ex-gratia payments.

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Ex-gratia payment for railway servants

Compensation is provided for railway workers injured or killed while on duty.

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Ex-gratia payments and formal claims

Ex-gratia payments are not considered when calculating formal compensation claims.

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Definition of grievous injury

Grievous injuries result from train accidents, qualifying individuals for higher relief payments.

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On-the-spot payment arrangement

Payments should ideally be arranged at the scene by a nominated Senior Officer post-assessment.

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Railway Claims Tribunal Act, 1987

Establishes a tribunal for compensation claims related to railway accidents.

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Ex-gratia payment parameters

Conditions under which ex-gratia payments are made to accident victims or dependents.

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Grievous injury compensation

Lump sum payment of Rs. 25,000 for hospitalization due to grievous injuries.

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Lump sum for death

A fixed payment of Rs. 50,000 for families of deceased passengers.

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Accident definition in Railways Act

Defined under Sections 123, 124 & 124-A of the Railways Act, 1989.

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Compensation duration limits

Ex-gratia payments near the 11-month mark post-injury are permissible.

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Central Government authority

Creates rules for compensation procedures under the Railways Act.

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Application process for claims

Claims for compensation must be submitted to the Railway Claims Tribunal.

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Certification by Railway Doctor

Required for treatments beyond 30 days to process compensation.

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Role of Sr.Divisional Medical Officers

They track injured persons receiving treatment outside Railway hospitals.

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Coordination by Sr.DCM/DCM

They work with Sr.DMO to ensure timely ex-gratia payments to injured persons.

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General Managers' Claims Authority

They can settle out-of-court claims up to Rs. 10,000 without court.

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Court-Decreed Claims Reporting

Claims over Rs. 25,000 must be reported to the Railway Board.

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Legal Advice for Claims

Legal consultation is necessary before compensation is paid out of court.

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Claim Examination Requirement

Each claim must be carefully examined before payment.

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Authority on Compensation Claims

General Managers cannot redelegate authority for out-of-court claims.

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Treatment Certification Deadline

Certification by a Railway Doctor is needed after 30 days of treatment.

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Ex-gratia payment for grievous injury (daily rate)

Rs. 300 per day for grievous injury relief, paid every 10 days.

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Ex-gratia payment for grievous injury (total limit)

Maximum payment period for grievous injuries is 12 months.

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Ex-gratia relief for hospitalization (ongoing)

Rs. 1,000 per week for indoor treatment after the initial 30 days for grievous injuries.

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Ex-gratia relief for ongoing treatment (after 6 months)

Rs. 500 per week for indoor treatment for up to 5 months following the first 6 months.

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Compensation for road users (negligence)

Rs. 50,000 for road users who die due to railway negligence at crossings.

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Compensation for grievous injuries (road)

Rs. 25,000 for grievous injuries to road users due to railway negligence.

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Initial hospitalization expenses (grievous injury)

Rs. 5,000 lump sum for initial hospitalization costs for grievous injuries up to 30 days.

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Ex-gratia relief for dependents (death)

A lump sum of Rs. 15,000 for dependents of deceased passengers in accidents.

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Certification for extended hospitalization

A Railway Doctor's certificate is required for treatments exceeding 30 days.

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Study Notes

Compensation for Accidents Involving Trains

  • Railway administration liable for passenger death/injury in accidents and untoward incidents, governed by Chapter XIII of the Railways Act 1989.
  • "Accident" and "untoward incident" are defined in Sections 123, 124 & 124-A of the Railway Act 1989.
  • Compensation applications can be made to the Railway Claims Tribunal.

Ex-gratia Payments for Train Accidents

  • Train Accidents: Dependents of deceased or injured passengers are eligible for ex-gratia relief.
    • Death: ₹50,000
    • Grievous injury: ₹25,000 (lump sum for up to 30 days of hospitalization) + ₹300/day thereafter (max of 12 months).
    • Simple injury: ₹5,000
  • Untoward Incidents: Dependents of deceased/injured passengers receive different amounts.
    • Death: ₹15,000
    • Grievous Injury: ₹5,000 (lump sum for up to 30 days of hospitalization) + ₹1000/week (max 6 months) or ₹500/week (max 5 months) thereafter
    • Simple Injury: ₹500

Ex-gratia Relief for Road Users

  • Manned Level Crossings: If railway negligence causes an accident, compensation is awarded to road users
    • Death: ₹50,000
    • Grievous injury: ₹25,000 (lump sum)
    • Simple injury: ₹5,000
  • Unmanned level crossings, trespassers, or electrocuted individuals are not eligible for ex-gratia payments
  • The amount of ex-gratia relief for road users at manned level crossings can be counted in cases where a court case is won and a compensation awarded against the railway.

Ex-gratia Payment Conditions

  • Payment in some situations is contingent on a court-awarded compensation (like accidents at manned level crossings).
  • Payments should be arranged immediately (on-the-spot) by a senior official.
  • Ex-gratia relief is not part of formal compensation calculations
  • Medical treatment duration, specifically the length of time treated in a hospital as an indoor patient, influences the ex-gratia amount awarded.
  • A Railway Doctor must certify the duration of an indoor treatment if it exceeds 30 days in a non-railway hospital.
  • Divisional Medical Officers are responsible for tracking injured individuals treated outside railway hospitals, and coordinating ex-gratia payments with Sr. DCM/DCM.
  • Ex-gratia payment is not granted for electrocuted individuals, OHE victims or road users at unmanned crossings.

General Manager Powers

  • General Managers can handle compensation claims.
  • Settle claims up to ₹10,000 without a court order.
  • Cases exceeding ₹25,000 need to be reported to the Railway Board.
  • Powers under item (a) should not be redelegated to subordinate authorities.
  • Claims handled by managers for compensation other than loss/damage of goods or railway accidents - follow specific procedures.

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