Railway Act: Liability for Injury & Death to Passengers (PDF)

CI/CP-2/1.15 Railway Act. Section 123 to 129 regarding railway liability in rail accident and untoward incidents, Payment of Ex-gratia and compensation. Liability of Railway Administration for death and injury to passengers due to accidents Section 123 – Definitions 1. Accid...

CI/CP-2/1.15 Railway Act. Section 123 to 129 regarding railway liability in rail accident and untoward incidents, Payment of Ex-gratia and compensation. Liability of Railway Administration for death and injury to passengers due to accidents Section 123 – Definitions 1. Accident – means an accident of the nature described in section 124. 2. Untoward Accident – means any accident of the nature described in section 124 A. Dependent means – i. Husband, wife, son, daughter and in case the deceased passenger is unmarried or is a minor, his parent. Parent, minor brother or unmarried sister, widowed sister, widowed daughter-in-law, minor child of a pre-deceased son, if dependent wholly or partly on the deceased passenger. ii. Minor child of a pre-deceased daughter, if wholly dependent on the deceased passenger. iii. Paternal grandparents wholly dependent on the deceased passenger. Section 124 - When in the course of Railway working, an accident occurs such as – collision between 2 trains or derailment of a train or any other accident, resulting in death of any passenger or injury to any passenger or loss to goods / luggage of any passenger, Railway Administration is liable to pay compensation at prescribed rates, whether or not there has been any wrongful act or neglect on its part. Note – Passenger includes Railway servants on duty. Section 124 A – If any passenger gets injured or dies during journey or in station premises due to terrorist activities, robbery, dacoity or riots, such incident will be treated as ‘untoward incident’. Accidental fall from any train is also included in it. Railway Administration is liable to pay 109 compensation at prescribed rates to passengers who die or get injured in such untoward incidents, whether or not there has been any wrongful act or neglect on its part. But compensation shall not be payable in following circumstances – 1. Suicide or attempted suicide by him, 2. Self-inflicted injury, 3. His own criminal act, 4. Any act committed by him in a state of intoxication or insanity, 5. Any natural cause or disease, medical or surgical treatment unless such treatment becomes necessary due to that accident. “Passenger” includes the following – a. Railway servant on duty, b. A person who has purchased a valid ticket or platform ticket. Section 125 – Application for compensation – An application for compensation under section 124 may be made by the following– 1. By the person who has sustained the injury or suffered any loss, 2. By an agent authorized by such person, 3. If such person is a minor, by his guardian, 4. In case of death – by any dependent, where dependent is a minor, by his guardian. Every application by a dependent for compensation shall be for the benefit of every other dependent. Section 126 – Interim relief by Railway Administration – Where a person who has applied for compensation under section125 desires to be paid interim relief, he shall apply to the Railway Administration enclosing a copy of the original application. If Railway Administration is satisfied with circumstances of applicant, he may be given interim relief. Amount of interim relief should not exceed the amount of compensation payable. A copy of order of interim relief shall be sent to RCT. Amount of interim relief shall be adjusted in the amount of Compensation. Section 127 – The rates of compensation payable in respect of any injury or any loss of goods shall be determined by RCT. Section 128 – The right of any person to claim compensation under section 124 shall not affect his right to recover compensation payable under Workmen’s Compensation Act, 1923. But no person shall be entitled to claim compensation more than once in respect of the same accident. It shall also not affect the right of any person from receiving any sum under any insurance policy or any other contract or scheme. Section 129 – The central Government may, by notification, make rules regarding this chapter. In particular such rules may provide for – a. Compensation payable for death, b. Nature of injuries for which compensation shall be paid and the amount of such compensation. 110  Ex-gratia –Bonafide passengers involved in train accidents, shall be paid ex- gratia relief as under - 1. Death – Rs. 5,00,000/- 2. Serious Injury - Rs. 250,000/- 3. Normal injury - Rs. 50,000/- In case of accidents at manned level crossings & untoward incidents due to prima-facie responsibility of Railways, ex-gratia amount will be as under – 1. Death – Rs.1,50,000/- 2. Serious Injury - Rs. 50,000/- 3. Simple injury - Rs. 5000/- Ex- gratia payments should also be made to railway servants killed or injured by moving train while performing their duty, e.g. – Gangman working on train run over accidentally by a moving train. Above amount will not be included in compensation amount, exception – road users at manned level crossing. No ex-gratia payment would be admissible to trespassers, persons electrocuted by OHE and road users at unmanned level crossings. Additional Ex-gratia – Additional Ex-gratia relief in case of hospitalization of grievously injured passenger beyond 30days- In case of Train Accident In case of Untoward incidence Rs. 3000/- per day to be released at the a) Rs. 1500/- per day to be released at the end of every 10 days periods or the date of end of every 10 days periods or the date of discharge, whichever is earlier discharge, whichever is earlier up to further 6 months of hospitalization b) Thereafter Rs. 750/- per day to be released at the end of every 10 days periods or the date of discharge, whichever is earlier up to further 5 months of hospitalization. Note – The maximum period for which ex-gratia is payable in the grievously injured passenger will be 12 months. 111  1. The period for the treatment as indoor patient for more than 30 days needs to be certified by the Railway doctor for the purpose of ‘Further Ex-gratia’ period of remaining11 months. 2. If the injured person is taking treatment in other than railway hospital the treatment has to be certified by railway doctor. 3. Sr. DCM/DCM shall keep coordination with Sr. DMO for the purpose and arrange the payment of Ex-gratia. 4. Mode of payment of Ex-gratia/ Enhanced Ex-gratia i. Maximum amount upto Rs. 50,000 to be paid in cash as an immediate relief for taking care of initial expenses. ii. Remaining amount to be paid by account payee cheque /RTGS/NEFT/Any other on-line payment mode. CI/CP-2/1.16 Railway Users Consultative Committees and Council. Public Relations –Indian Railway is a commercial organization. It is essential for every organization to maintain relations with public. Public Relation involves maintaining good relations with public, to put forth the problems of public in front of administration, and to inform public regarding amenities provided by railway administration etc. Main Objectives of Public Relations:- 1. Maintaining good relations with public 2. To gain faith of public. 3. To improve the image of Railways in public. Public Relation Organisation – At Zonal level, this organization is functioning under Senior Deputy General Manager. He is assisted by Chief Public Relations Officer, Public Relations Officer, and Assistant Public Relations Officer. At Divisional level this work is looked after by Commercial Department. Main Functions of organization:- 1. Providing wide publicity about passenger amenities amongst public. 2. Publicity regarding changes in Time Table. 3. To inform concerned officer regarding complaints received from public. 4. To give clarification about the rumours published in the newspapers. 112 5. To obtain earnings through Commercial Publicity. To maintain public relations the following committees are formed at various levels. :- 1. National Railway Users Consultative Council. (NRUCC). 2. Zonal Railway Users Consultative Committee. (ZRUCC). 3. Divisional Railway Users Consultative Committee (DRUCC). 4. Station Consultative Committee (SCC). 5. Suburban Railway Users Consultative Committee (SRUCC). 6. Railway Users Amenity Committee (RUAC). 7. Time Table Committee.(TTC) National Railway Users Consultative Council (NRUCC): 1. President– Railway Minister. 2. Secretary– Director Traffic Comml. (General). 3. Tenure – 2 Years 4. Meetings– Twice in a year. 5. Allowance– As per prescribed rate and Complimentary pass. 6. Members- a. Chairman Railway Board and all members of Railway Board. b. Secretaries of Ministry of Commerce, Civil Supplies and Co-operation, Industry, Tourism and Civil Aviation Ministry. c. 10 members from Lok Sabha. d. 5 members from Rajya Sabha. e. 1 member from each ZRUCC. f. 2 members from Chamber of Commerce. g. 1 member from Agricultural Organization. h. 1 member from industrial Organization. i. 2 members - Retired Railway Officers (GM / Members of Board) 7. Functions- i. Demand for improvement in passenger services and amenities. ii. Demand regarding opening of new stations iii. Demand regarding conversion of Gauge iv. Demand regarding extension of Railway Line. v. Discussion regarding increase in speed of trains. vi. Demand for improvement in catering services. Zonal Railway Users Consultative Committee (ZRUCC) 113 1. President -General Manger. 2. Secretary -Secretary to General Manager. 3. Tenure -2 years. 4. Meeting -Thrice in a year. 5. Allowance-As per prescribed rate and Complimentary Pass. 6. Members - a. One Member from Government of each of the states served by that railway. b. One member from each State Legislative Assembly/Council served by that railway. c. 5 members from Chambers of Commerce and Trade Associations. d. One member from each DRUCC. e. 7 members from Lok Sabha and 3 from Rajya Sabha. f. 2 members each from Agricultural, Passenger associations and Public Sector Undertakings. g. 1 member from Consumer Protection Organisation. h. 9 members (8 members nominated by MR and One by GM). 7. Functions – a. Demand for Improvement and increase of passenger services and facilities provided by the Railway. b. Demand for Improvement and increase in quality of Catering Services. c. Demand regarding opening of new stations and sidings. d. Demand for the electrification in section. e. Demand for changes in Time Table. f. Demand of coolie at the station where such facility is not provided. g. Suggestion to Railway administration regarding railway working. Divisional Railway Users Consultative Committee (DRUCC) 1. President- Divisional Railway manager. 2. Secretary- Sr. DCM/DCM 3. Duration- 2 Years. 4. Meeting- once in three months ( at least 3 in a year) 5. Allowance- As per prescribed rate and Complimentary Pass 6. Members- a. 6 members appointed by GM from local chamber of commerce, trade, Industrial and agricultural associations. b. 2 members from recognized passenger association to be appointed by GM. c. 9 members of whom one is nominated by GM and remaining 8 are nominated by Railway minister. d. One Member from Government of each of the states served by that division. e. One member from each State Legislative Assembly served by that division. f. One member each nominated by Union Minister and Members of Parliament within jurisdiction of the division. (MP can’t be nominated as a member in this Committee) g. One member from Consumer Protection organisation. h. One member from association of handicapped. 114 7. Functions – a. Consider Matters referred by National Railway Users’ Consultative Committee and Zonal Railway Users’ Consultative Committee. b. Demand for improvement in passenger services and amenities provided by Railway. c. Demand for opening of new stations. d. Demand for changes in Time Table Station Consultative Committee (SCC) 1. President & Convener - Station Director/Station Manager/ Station Superintendent/ Station Master 2. Duration - 2 years. 3. Meetings - 3 times in a year. 4. Allowance- As per prescribed rate and complimentary pass. 5. Members - a. The Total number of members to be nominated on SCC shall not exceed --- 11 for NSG-12, 09 for NSG-2, 07 for NSG-3, 05 for NSG-4,5,6 and 11 for SG-1,09 for SG-2, 07 for SG-3. b. The members are representative from different fields like chambers of commerce, local trade & industry, local educational institutions, local self-government bodies, eminent persons of the area & general public. c. SSEs of various department i.e. electrical, mechanical, civil, etc. and other officials can be co- opted in SCC d. SCC is constituted with approval of DRM 6. Function – a. Demand for Improvement of passenger service on stations. b. Demand for maximum facilities for Railway users. c. Discussion on difficulties, grievances, problems of Railway users and give the suggestion. Suburban Railway Users Consultative Committee (SRUCC) 115  1. President - COM 2. Secretary - DGM 3. Duration - 2 years 4. Meeting - As and when required, 5. Allowance - As per prescribed rate and Complementary pass. 6. Members - a. One member from Municipal Council (max. 2 members) b. One member from DRUCC of the Division under jurisdiction which the station comes. c. One member from Zonal Railway Users Consultative Committee. d. 4 members from suburban passenger organization. e. One lady member who is nominated by GM and she should be a member of Lok Sabha or MLA/MLC. f. In addition to that 4 members are nominated by Railway minister and one is nominated by ministry of parliamentary affairs. Time Table Committee (TTC) 1. President - COM. 2. Secretary - Nominated by GM. 3. Duration - 2 years. 4. Meeting - As and when required. 5. Allowance - As per prescribed rate. 6. Members - a. One member from each Divisional Railway urers Consultative Committee. b. 3 members from registered passenger Organization. c. One member nominated by GM. d. One member from National Railway Usurers Consultative Council who is also members of Zonal Railway Usurers Consultative Committee. 7. Function - a. Suggestions are accepted from this committee while preparing Time Table and it can demand change in time table. b. To publish Time Table and send it to Divisional and stations. Railway users Amenities Committee (RUAC) 1. President - GM 2. Secretary - Nominated by GM. 3. Duration - 2 years. 4. Meetings - As and when required. 5. Allowance - As per prescribed rate. 6. Members - 116