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THE RAILWAYS ACT, 1989

Title : THE RAILWAYS ACT, 1989

Year : 1989



CHAPTER XIII

LIABILITY OF RAILWAY ADMINISTRATION FOR DEATH AND INJURY TO PASSENGERS
DUE TO ACCIDENTS

123.Definitions.

123. Definitions.- In this Chapter, unless the context otherwise requires,--

(a) "accident" means an accident of the nature described in section 124;

(b) "dependant" means any of the following relatives of a deceased passenger, namely:--

(i) the wife, husband, son and daughter, and in case the deceased passenger is unmarried or is a minor, his parent;

(ii) the parent, minor brother or unmarried sister, widowed sister, widowed daughter-in-law and a minor child of a pre-

290

deceased son, if dependant wholly or partly on the deceased passenger;

(iii) a minor child of a pre-deceased daughter, if wholly dependant on the deceased passenger;

(iv) the paternal grand parent wholly dependant on the deceased passenger.


1*[(c) "untowrd incident" means--

(1) (i) the commission of a trrorist act within the meaning of sub-section (1) of section (3) of the Terrorist and Distruptive Activite (Prevention) Act, 1987; or

(ii) the making of a violent attack or the commission of robbery or dacoity; or

(iii) the indulging in rioting, shoot-out or arson,

by any person in or on any train carrying passengers, or in a waiting hall, cloak room or reservation or booking office or on any platform or in any other place within the precincts of a railway station; or

(2) the accidental falling of any passenger from a train carrying passengers.]

124.Extent of liability.

124. Extent of liability.- When in the course of working a railway, an accident occurs, being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or has suffered a loss to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction, damage or deterioration of goods owned by the passenger and accompanying him in his compartment or on the train, sustained as a result of such accident.

Explanation.--For the purposes of this section "passenger"
includes a railway servant on duty.

2*[124A. When in the course of working a railway an untoward incident acccurs, then whether or not there has been any wrongful act, neglaect or default on the part of the railway administration such as would entitle a passenger who has been injured or the department of a passenger who has been killed to maintain an action and recover damages in respect thereof, the the railway administation shall.
notwithstanding anything contained in any other law, be liable to pay compensaation to such extent as may be prescribed and to that extent only of loss occassioned by the death of, or injury to, a passenger as a result of such untoward incident:

Provided that no compensation shall be payble under this section by the railway administration if the passenger dies or suffers injury due to-

(a) suicide or attempted suicide by him;

(b) self-infficented injury;

(c) his own criminal act;

(d) any act aommitted by him in a state of intoxication or insanity;

(e) any natural cause or desese or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident.

Explanation.- For the purpose of this section, "passenger" includes-

(i) a railway servent on duty; and

(ii) a person who has purchased a valid ticket for travelling, by a train carrying passengers, on any date or a valid platform ticket and becomes a victim of an untword incident.]


125.Application for compensation.

125. Application for compensation.- (1) An application for compensation under section 124 3*[or section 124A] may be made to the
Claims Tribunal--

(a) by the person who has sustained the injury or suffered any loss, or

(b) by any agent duly authorised by such person in this behalf, or

(c) where such person is a minor, by his guardian, or

(d) where death has resulted from the accident, 3*[or the untoword incident] by any dependant of the deceased or where such a dependant is a minor, by his guardian.

(2) Every application by a dependant for compensation under this section shall be for the benefit of every other dependant.

126.Interim relief by railway administration.

126. Interim relief by railway administration.-(1) Where a person who has made an application for compensation under section 125 desires to be paid interim relief, he may apply to the railway administration for payment of interim relief along with a copy of the application made under that section.

(2) Where, on the receipt of an application made under sub-
section (1) and after making such inquiry as it may deem fit, the railway administration is satisfied that circumstances exist which require relief to be afforded to the applicant immediately, it may, pending determination by the Claims Tribunal of the actual amount of compensation payable under section 124 3*[or section 124] pay to any person who has sustained the injury or suffered any loss, or where death has resulted from the accident, to any dependant of the deceased, such sum as it considers
----------------------------------------------------------------------
1. Ins. by Act 28 of 1994, s. 2 (w.e.f. 1-8-1994).
2. Ins. by s. 3, ibid. (w.e.f. 1-8-1994.3. Ins. by s. 4, ibid. (w.e.f. 1-8-1994.

291.reasonable for affording such relief, so however, that the sum paid shall not exceed the amount of compensation payable at such rates as may be prescribed.

(3) The railway administration shall, as soon as may be, after making an order regarding payment of interim relief under sub-section
(2), send a copy thereof to the Claims Tribunal.

(4) Any sum paid by the railway administration under sub-section
(2) shall be taken into account by the Claims Tribunal while determining the amount of compensation payable.

127.Determination of compensation in respect of any injury or loss ofgoods.

127. Determination of compensation in respect of any injury or loss of goods.- (1) Subject to such rules as may be made, the rates of compensation payable in respect of any injury shall be determined by the Claims Tribunal.

(2) The compensation payable in respect of any loss of goods shall be such as the Claims Tribunal may, having regard to the circumstances of the case, determine to be reasonable.

128.Saving as to certain rights.

128. Saving as to certain rights.- (1) The right of any person to claim compensation under section 124 1*[or section 124A] shall not affect the right of any such person to recover compensation payable under the Workmens Compensation Act, 1923 (8 of 1923), or any other law for the time being in force; but no person shall be entitled to claim compensation more than once in respect of the same accident.

(2) Nothing in sub-section (1) shall affect the right of any person to claim compensation payable under any contract or scheme providing for payment of compensation for death or personal injury or for damage to property or any sum payable under any policy of insurance.

129.Power to make rules in respect of matters in this Chapter.

129. Power to make rules in respect of matters in this Chapter.-
(1) The Central Government may, by notification, make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--

(a) the compensation payable for death;

(b) the nature of the injuries for which compensation shall be paid and the amount of such compensation.

CHAP
REGULATION OF HOURS OF WORK AND PERIOD OF REST
Last updated on May, 2015

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