2023 Indian Railways Ex-Gratia Instructions PDF

2023/TC-II/49/1/Ex-Gratia /3077765/2023 GOVERNMENT OF INDIA (HTKGHGT) MINISTRY OFRAILWAYS (trHar) RAILWAY BOARD tdar)...

2023/TC-II/49/1/Ex-Gratia /3077765/2023 GOVERNMENT OF INDIA (HTKGHGT) MINISTRY OFRAILWAYS (trHar) RAILWAY BOARD tdar) Delhi-110001 RailBhawan, New Dated: 18.09.2023 No. 2023/TC-III/49/1/Ex-gratia The General Managers (Claims) All Indian Railways Sub.: Ex-gratia relief payable in case of death/injury of railway passengers in Train Accidents and Untoward Incidents as defined under Section 123 read with Section124/124-A of the Railways Act, 1989 and to the road users in Manned Level Crossing gate accidents. Ref: Railway Board's previous instructions to be superseded: (1) 2011/TC-III27/29/Ex-gratia dated 26.07.2012 and 07.05.2013 (2)2006/TC-III/27/2 dated 20.12.2006 (3)2002/TC-IIW28/3 dated 12.06.2002 (4) 93/TC-IV122/1/Ex-gratia dated 21.08.1995, 26.04.1996 and 18.11.1999 ***k* In supersession of Board's,Instructions referred above and all other instructions issued on the above subject, it has now been decided to revise the amount of ex-gratia relief to be paid to the dependents of dead and injured passengers involved in Train Accidents and Untoward Incidents as defined under Section 123 read with Section 124 and 124-A of the Railways Act, 1989 and to the road users who met with an accident due to Railway's prima facie liability at Manned Level Crossing Gate Accident. The revised rates and compiled instructions are as below: 1 Amount of Ex-gratia for Train Accidents, Untoward Incidents and Manned Level Crossing Gate Accidents Amount of ex Amount of ex Amount of ex Typeof accident gratia for gratia for gratia for Death Grievous Injury Simple Injury Train Accident (as defined Rs. 5,00,000/ Rs. 2,50,000/ Rs. 50,000/ 1) under Section 124 of the (Rupees Five lakh (Rupees Two lakh (Rupees Fifty Railways Act, 1989) only) Fifty thousand only) Thousand only) Rs. 1,50,000/ UntowardIncident (as (Rupees One lakh Rs. 50,000/ Rs. 5,000/ 2) defined under Section 124-A Fifty Thousand (Rupees Fifty (Rupees ive lof the Railways Act, 1989) only) Thousand only) Thousand only) Accident at Rs. 5,00,000/ Rs. 2,50,000/ Rs. 50,000/ 3) Manned Level Crossing (Rupees Five lakh (Rupees Two lakh (Rupees Fifty (due to Railway's primafacie only) Fifty thousand only) liability) Thousand only)  2023/TC-II/49/1/Ex-Gratia /3077765/2023 2. Additional Ex-gratia relief in case of Hospitalization of Grievously Injured Passengers beyond 30 days In case of Train Accident In caseof UntowardIncident Rs. 3,000/- per day to be released at the Rs. 1,500/- per day to be released at the end end of every 10 day period or date of every 10 day period or date of discharge, whichever is earlier. ofdischarge, whichever is earlier uptofurther six month of hospitalization. Thereafter, Rs. 750/- per day be released at the end of every 10 day period or date of discharge, whichever is earlier upto further five month of hospitalization. (a) Lump sum amount of ex-gratia for hospitalization of grievously injured passenger upto first 30 days is as mentioned in table at para (1) above. (b) The maximum period for which ex-gratia is payable to the grievously injured passenger will be 12 months. 2.1 This ex-gratia relief willbe 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. 2.2 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. 2.3 Sr. Divisional Medical Officers shall also keep track of such injured person taking treatment in other than Railway hospitals. Sr. DCMDCM 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. 3. Mode of Payment of ex-gratia/enhanced ex-gratia 3.1 Maximum amount of upto Rs. 50,000/- to be paid in cash as an immediate relief for taking care of initial expenses. 3.2 Remaining amount to be paid by Account Payee Cheque/RTGSNEFT/Any other online payment mode. 3.3 Notwithstanding anything contained in Para 3.1l and 3.2 above, Railways mav disburse the entire amount of ex-gratia/enhanced ex-gratia by Account Payee Cheque/RTGS/NEFT/Any other onlinepayment mode, if deemed appropriate.  2023/TC-III/49/1/Ex-Gratia I/3077765/2023 4. Other terms and conditions: Unmanned to road users in case of accident at 4.1 No ex-gratia relief would be admissible OHE (Over Head Equipment). Level Crossing, trespassers, persons electrocuted by untoward incidents are not to be taken into 4.2 Ex-gratia payment in case of train accidents and account at the time of final claim for compensation. road users, who meet with an accident due to 4.3 The amount of ex-gratia relief admissible to will be counted Railway's prima facie liability at Manned Level Crossing Gate Accident, is tenable against the Railways under the towards the amount of compensation payable, if action Law. of Law of Torts and an award is actually granted by a Court killed or injured by a moving 4.4 Ex-gratia payments should also be made to railway servants track run over accidentally by train whileperforming their duty, for example, gangman working on a moving train. spot by a Senior Scale Officer 4.5 Payments should be sanctioned/arranged preferably on the such enquiries as, can be reasonably made on nominated by the General Manager after making attendance etc. to injured persons are attended the spot after the immediate needs by way of medical to. of Ministry of Railways. 5. This issues with the concurrence of Finance Directorate September, 2023. 6 These instructions will come into force from 18 Kindly acknowledge receipt of this letter. (Ratnesh Kumar Jha) Executive Director (PublicGrievances) Railway Board Dated: 18.09.2023 No. 2023/TC-III49/1/Ex-gratia Copy to: 1. PFA, All Indian Railways of India (Railways), (with 36 spares) 2. The Deputy Comptroller and Auditor general for Member (Finançé), Rajlways Datd: 18.09.2023 No. 2023/TC-III/49/1/Ex-gratia  2023/TC-II/49/1/Ex-Gratia /3077765/2023 Copy to: 1. Principal Chief Commercial Managers, All Indian Railways 2 The Chief Medical Officers,All Indian Railways 3. Principal Chief Security Commissioners, All Indian Railways 4. Chief Claims Officers, All Indian Railways 5. Konkan Railway Corporation, New Delhi (Ratnesh Kumar Jha) Executive Director (Public Grievances) Railway Board Dated: 18.09.2023 No. 2023/TC-III/49/1/Ex-gratia Copy to :For information please - OSD/MR, ED(PG)/MR, Adviser/MR, PSIMoSR (D), EDPG/MoSR (D), PS/MoSR (J), EDPG/MoSR (J), PSO/Sr.PPS/PPS to Chairman & CEO, MF), M(O&BD), M([nfra), M(T&RS), Secretary, Railway Board, DG (RHS), DG (HR), DG (RPF), DG (Safety), AM(Commercial), Adviser (Safety), All AMs, Advisers and EDs of Board's Office. ****