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| Type | Commercial Circular |
|---|---|
| Topic | claims |
| Currency | Currency not verified |
Deals with compensation payable in case of untoward incidents, provided that no compensation shall be payable under this section by the railways if the passenger dies or suffers injury due to.
<!-- Slide number: 1 --> # Welcome Railway Act 1989 Presented By- Mr. Feroze Pasha, B.A., LL.B., PGDIRTM . Chief Ticket Inspector/Squad/SBC Railway Act 1989 <!-- Slide number: 2 --> # CHAPTER – XIII LIABILITY OF RAILWAY ADMINISTRATION FOR DEATH AND INJURY TO PASSENGERS DUE TO ACCIDENTS AND UNTOWARD INCIDENTS: Sections 123 to 129 of railways act 1989, deals with the liability of railway administration for death and injury to passengers due to accident. Railway Act 1989 ### Notes: <!-- Slide number: 3 --> # SEC 123 : DEALS WITH DEFINITIONS OF VARIOUS WORDS AND EXPRESSIONS USED IN THIS CHAPTER I. ACCIDENT: An accident is an occurrence or event, which is unforeseen and startles one when it takes place. It is the happening of the unexpected but not the happening of the expected, which is called an accident. An accident means any occurrence being either collision between trains one of them being a passenger carrying train or derailment or other accident to a train or any part of a train carrying passengers, which endangers the safety of passengers or their baggage. Railway Act 1989 <!-- Slide number: 4 --> # II. DEPENDANT : MEANS ANY OF THE FOLLOWING RELATIVE OF THE DECEASED PASSENGER The wife, husband, son and daughter, in case un married his parent. The parent, minor brother or unmarried sister, widowed sister, widowed daughter in law and a minor child of a pre-deceased son. A minor child of a pre-deceased daughter. The paternal grand parent. Railway Act 1989 <!-- Slide number: 5 --> # III. UN TOWARD INCIDENT : UNTOWARD INCIDENT MEANS ANY OF THE FOLLOWING: Terrorist act under tada. Violent attack, robbery or dacoity Rioting, shoot-out or arson. Accidental fall of a passenger from a train carrying passengers. Railway Act 1989 <!-- Slide number: 6 --> # SECTION 124 : EXTENT OF LIABILITY: Deals with the extent of liability of the railway administration in case of death or injury to a passenger or damage to his goods in an accident. Compensation in case of death is Rs.8,00,000/-. EXGRATIA IS AS FOLLOWS: | TRAIN ACCIDENT | AMOUNT | | --- | --- | | Death | Rs.50,000/- | | Grievous injury | Rs.25,000/- | | Simple injury | Rs.5000/- | | ACCIDENT AT MANNED LEVEL CROSSING GATE (PRIMA FACIE LIABILITY OF RAILWAY) | AMOUNT | | Death | Rs.50,000/- | | Grievous injury | Rs.25,000/- | | Simple injury | Rs.5000/- | Railway Act 1989 <!-- Slide number: 7 --> # SECTION 124 A : COMPENSATION ON ACCOUNT OF UNTOWARD INCIDENT Deals with compensation payable in case of untoward incidents, provided that no compensation shall be payable under this section by the railways if the passenger dies or suffers injury due to. Suicide or attempt to suicide by him / her. Self inflicted injury. His / her own criminal act. Any act committed by the passenger in a state of intoxication or insanity. Any natural cause or decease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident. Railway Act 1989 <!-- Slide number: 8 --> # SECTION 125 : APPLICATION FOR COMPENSATION: This section lists out the persons who can make an application for compensation and the time within which such application can be made. Application can be made to the concerned claims: By the person who sustained the injury or suffered loss or By any agent duly authorized by such person on his behalf or Where such person is a minor by his guardian or Where death has resulted from the accident or the untoward incident by any dependent of the deceased or Where such a dependent is a minor by his guardian. Railway Act 1989 <!-- Slide number: 9 --> # SECTION 126 : INTERIM RELIEF BY RAILWAY ADMINISTRATION: When a person wants interim relief as per section 126, he may apply to railway administration, which may pay interim relief as per case, which may not be more than the amount of compensation payable by railway claims tribunal after taking into account of the interim relief. R
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