Indian Railways Compensation Claims PDF

1/27/25, 8:35 PM CHAPTER IV CLAIMS FOR COMPENSATION OTHER THAN THOSE RELATING TO LOSS ETC CHAPTER IV CLAIMS FOR COMPENSATION OTHER THAN THOSE RELATING TO LOSS ETC. OF GOODS AND POWERS...

1/27/25, 8:35 PM CHAPTER IV CLAIMS FOR COMPENSATION OTHER THAN THOSE RELATING TO LOSS ETC CHAPTER IV CLAIMS FOR COMPENSATION OTHER THAN THOSE RELATING TO LOSS ETC. OF GOODS AND POWERS OF GENERAL MANAGERS FOR MAKING EX-GRATIA PAYMENT TO PERSONS INVOLVED IN ACCIDENTS TO TRAINS Liability of Railway Administration for Death and Injury to Passengers due to Accidents and Untoward Incidents 401. The liability of Railway Administration for death and injury to passengers due to accidents and untoward incidents is governed by the provisions contained in Chapter XIII of the Railways Act. 1989 (No. 24 of 1989). The term "accident" and "untoward incident" have been defined in Sections 123, 124 & 124-A of the Railway Act, 1989. The Act also provides that an application for compensation may be made to the Railway Claims Tribunal established under Section 3 of the Railway Claims Tribunal Act, 1987. (Authority: Railway Board letter No.98/ TC-III/ 4/Comml.Code dated 07.05.99)..ACS NO.6 402. Rules made by the Central Government under powers conferred by Section 129 of the Railways Act. 1989 (No. 24 of 1989) read with Section 22 of the General Clauses Act, 1897 (No. 10 of 1897) arc placed at Appendix IV. Rates of compensation payable for death or different descriptions of injury are contained in the Schedule attached with these Rules which is also attached in the same Appendix IV. Ex-gratia Payment to Persons involved in Accidents to Moving Trains including Shunting Engines and Light Engines. 403. (1) The amount of Ex-gratia relief payable to the dependents of dead or injured passengers involved in ‘Train Accidents’ as defined under Section 124 should be as under :- (a) In case of death : Rs. 50,000/-. (b) In case of : (i) Rs. 25,000/- lump sum for hospitalization upto 30 days grievous injury to take care of initial expenses. (ii) Thereafter Rs. 300/- per day be released at the end of every 10 day period or discharge, whichever is earlier (The maximum period for which ex-gratia is payable to the grievously injured passenger will be 12 months). (c) In case of : Rs. 5000/-. simple injury (2) The amount of Ex-gratia relief payable to the dependents of dead or injured passengers in ‘Untoward Incident’ as defined under section 124-A should be as under : (a) In case of death : Rs. 15,000/-. (b) In case of : (i) Rs. 5,000/- lump sum for hospitalization upto 30 grievous injury days to take care of initial expenses. (ii) Thereafter Rs. 1000/- per week or part thereof the period for indoor treatment upto further six months of hospitalization. (iii) Rs. 500/- per week or part thereof the period for indoor treatment upto further five months of hospitalization. https://indianrailways.gov.in/railwayboard/uploads/codesmanual/IRCTCD/TrafficCommericalDepartmentCh4_data.htm#401. 1/4 1/27/25, 8:35 PM CHAPTER IV CLAIMS FOR COMPENSATION OTHER THAN THOSE RELATING TO LOSS ETC (The maximum period for which ex-gratia is payable to the grievously injured passenger will be 12 months). (c) In case of simple : Rs. 500/-. injury (3) The amount of ex-gratia relief admissible to road users who meet with an accident due to Railway’s prima facie negligence at manned level crossings would be as under: (i) in case of death : Rs. 50,000/-. (ii) in case of grievous injuries : Rs. 25,000/-. Lump sum (Irrespective of the period of hospitalisation) (iii) in case of simple injuries : Rs. 5,000/-. The terms & conditions for payment of ex-gratia relief :- (i) No ex-gratia payment would be admissible to the trespassers, persons electrocuted by OHE and road users at unmanned level crossings. (ii) The amount of ex-gratia relief admissible to road users who meet with an accident due to Railway’s prima facie liability at Manned Level Crossing Gate will be counted towards the amount of compensation payable, if action is tenable against the Railways under the Law of Torts and an award is actually granted by a Court of Law. (iii) Ex-gratia payments should also be made to railway servants killed or injured by a moving train while performing their duty, for example, gangman working on track run over accidentally by a moving train. (iv) Payments should be sanctioned/arranged preferably on the spot by a Senior Scale Officer nominated by the General Manager after making such enquiries as can be reasonably made on the spot after the immediate needs by way of medical attendance etc. to injured persons are attended to. (v) These ex-gratia payments, except in case of road users at manned level crossings, are not to be taken into account at the time of formal claims for compensation. (vi) This ex-gratia relief in case of hospitalization will be exclusively for passengers who are grievously injured in train accidents or untoward incidents as defined under Section 123, read with Section 124/124-A, of the Railways Act, 1989. (vii) The period for treatment as indoor patient for more than 30 days would need to be certified by a Railway Doctor for the purpose of further ex-gratia payment upto the period of remaining 11 months. In case where the injured is taking treatment in other than Railway hospital, the treatment has to be certified by Railway Doctor. https://indianrailways.gov.in/railwayboard/uploads/codesmanual/IRCTCD/TrafficCommericalDepartmentCh4_data.htm#401. 2/4 1/27/25, 8:35 PM CHAPTER IV CLAIMS FOR COMPENSATION OTHER THAN THOSE RELATING TO LOSS ETC (viii) Sr. Divisional Medical Officers shall also keep track of such injured person taking treatment in other than Railway hospitals. Sr. DCM/DCM shall keep coordination with Sr. DMO for the purpose and arrange payment of ex-gratia as per the prescribed schedule mentioned in the table in Para-2 above at the doorstep of injured person. Every care shall be taken by Sr. DCM/DCM to avoid any inconvenience to injured person in such cases.” (Authority:- Railway Board Letter No. 2014/TC-III/1/2/IRCT(C)/Ch.IV dated ACS No. 22)—07.11.2014 Claims for Compensation other than those relating to (i) Goods lost or Damaged and (ii) those arising out of Railway Accidents 404. (i) General Managers have the following powers :— For payment of claims for compensation other than those relating to goods lost or damaged and those arising out of railway accidents:— (a) Claims settled out of court—upto Rs. 10,000 in each case. (b) Claims decreed by a court of law—full powers subject to the condition that particulars of cases involving expenditure of more than Rs. 25,000 in each case should be reported to Railway Board for information. NOTE : The powers under item (a) above should not be redelegated to subordinate authorities. (ii) Each such claim should be carefully examined and legal advice obtained before it is decided to pay any compensation "out of Court" or before contesting a suit in a Court of Law. https://indianrailways.gov.in/railwayboard/uploads/codesmanual/IRCTCD/TrafficCommericalDepartmentCh4_data.htm#401. 3/4 1/27/25, 8:35 PM CHAPTER IV CLAIMS FOR COMPENSATION OTHER THAN THOSE RELATING TO LOSS ETC *****------****** https://indianrailways.gov.in/railwayboard/uploads/codesmanual/IRCTCD/TrafficCommericalDepartmentCh4_data.htm#401. 4/4