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Accidents and Untoward Incidents as defined under Section 123 read with Section124/124-A

No. 2023/TC-III/49/1/Ex-gratia · 2012-07-26
Circularclaims

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Circular numberNo. 2023/TC-III/49/1/Ex-gratia
Date2012-07-26
TypeCommercial Circular
Topicclaims

Summary

Amount of Ex-gratia for Train Accidents, Untoward Incidents and Manned Level

Text of the circular

/3077765/2023 
No. 2023/TC-III/49/1/Ex-gratia 
The General Managers (Claims) 
All Indian Railways 
Ref: 
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. 
GOVERNMENT OF INDIA (HTKGHGT) 
MINISTRY OF RAILWAYS (trHar) 
RAILWAY BOARD tdar) 
3) 
2023/TC-II/49/1/Ex-Gratia 
Railway Board's previous instructions to be superseded: 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 
Type of accident 
liability) 
(4) 93/TC-IV122/1/Ex-gratia dated 21.08.1995, 26.04.1996 and 18.11.1999 
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: 
Train Accident (as defined 
1) under Section 124 of the 
Railways Act, 1989) 
1 
Amount of Ex-gratia for Train Accidents, Untoward Incidents and Manned Level 
Crossing Gate Accidents 
Untoward Incident (as 
2) defined under Section 124-A 
lof the Railways Act, 1989) 
Accident at 
Manned Level Crossing 
(due to Railway's prima facie 
***k* 
Amount of ex 
gratia for 
Death 
Rail Bhawan, New Delhi-110001 
Dated: 18.09.2023 
Rs. 5,00,000/ 
(Rupees Five lakh 
only) 
Rs. 1,50,000/ 
(Rupees One lakh 
Fifty Thousand 
only) 
Rs. 5,00,000/ 
(Rupees Five lakh 
only) 
Amount of ex 
gratia for 
Grievous Injury 
Rs. 2,50,000/ 
(Rupees Two lakh 
Fifty thousand only) 
Rs. 50,000/ 
(Rupees Fifty 
Thousand only) 
Rs. 2,50,000/ 
(Rupees Two lakh 
Fifty thousand only) 
Amount of ex 
gratia for 
Simple Injury 
Rs. 50,000/ 
(Rupees Fifty 
Thousand only) 
Rs. 5,000/ 
(Rupees ive 
Thousand only) 
Rs. 50,000/ 
(Rupees Fifty 
Thousand only)

/3077765/2023 
2023/TC-II/49/1/Ex-Gratia 
2. 
Additional Ex-gratia relief in case of Hospitalization of Grievously Injured Passengers 
beyond 30 days 
In case of Train Accident 
Rs. 3,000/- per day to be released at the 
end of every 10 day period or date 
of discharge, whichever is earlier. 
In case of Untoward Incident 
3. 
Rs. 1,500/- per day to be released at the end 
of every 
10 day period or date 
ofdischarge, whichever is earlier upto further 
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 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 
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 i

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