Can You Claim For Compensation In Events Of Railway Accidents? Here Is What You Need To Know!
Updated: 28-01-2025 at 6:39 AM
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Railway accidents are not a common occurrence, however, their impact stays for a long time. The victims who either die or get injured due to these are left scarred and financially crippled as sometimes, the breadwinners are the victims. In such events, the victims and their families must be provided some sort of compensation from the authorities against the loss of lives.
The Indian law indeed provides for the claiming of compensation by victims of such incidents. In many cases, the central, state or local government announces compensation for such victims. However, if you are wondering whether there are statutory provisions, we are here to clear all your doubts through this article.
Read More: Did You Get Your Refund After Cancelling Your Train Ticket?
What Are The Legal Provisions For Claiming Compensation?
Section 124 of the Railways Act, 1989 provides for maintenance of action and recovery of damages or compensation in the following events:
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In events of operating a railway, an accident occurs,
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Either a collision between trains where passengers are being carried by the train/s,
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Derailment,
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Or other accident to a train or any part of a train carrying passengers,
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Regardless of negligence, wrongful act or default on part of the Railways.
The Indian Railways is strictly liable to pay compensation and damages to pay the bonafide passengers for:
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death as a result of accidents,
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personal loss and injury,
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destruction,
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damage or deterioration of goods owned by the passenger and accompanying him in his compartment or on the train due to such an accident.
Read More: Indian Railways Directed To Pay 1 Lakh To Passenger For Negligence, Bag Stolen During Journey
The explanation of this Section in the Act also describes who all are included under ‘passengers’. The following are counted as passengers:
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Railway servant on duty
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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 untoward incident.
The legal position on the payment of compensation for railway accidents was made clear in the case of Rathi Menon v. Union of India where the Court opined that the compensatory sections in the Railways Act of 1989 are not for the benefit of the administration but for speedy loss recovery of the victim passengers.
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Who Can File An Application For Claiming Compensation?
The Bonafide passengers can apply with the Railway Claims Tribunal which has jurisdiction over the area where the incident occurred or where the complainant/claimant resides. The following people can file a compensation claim:
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A person who has sustained the injury or suffered any loss, or
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Any agent duly authorised by such person on his behalf, or
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Where such person is a minor, by his guardian, or
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Where death has resulted from the accident, by any dependent of the deceased or where such a dependent is a minor, by his guardian.
How To File An Application For Claiming Compensation Before The Railway Tribunal?
The procedure to file a claim is given below:
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An application to the Tribunal has to be made in Form I or Form II or Form III, either by the applicant in person or by an agent or by his duly authorised legal practitioner in the office of the Registrar or the Additional Registrar, or the Assistant Registrar as per Section 5 of the Railway Claims Tribunal (Procedure) Rules, 1989.
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Applications can also be sent by postal or electronic mode to the office of the Registrar or the Additional Registrar or the Assistant Registrar of the Bench concerned in a triplicate.
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The application sent through e-mail must also provide hardcopies along with originals or duly certified true copies of originals by registered post to the Registrar, Additional Registrar or the Assistant Registrar.
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The applicant may present a receipt slip in Form IV, with his application signed by the Registrar or the officer receiving the application on behalf of the Registrar in acknowledgement.
How Is The Amount Of Compensation To Be Given Determined?
The prescribed maximum compensation for injury is Rs 7.2 Lakhs and for death or permanent disability is Rs. 8 Lakhs. In case there is a delay in the payment of compensation, interest is applicable on the amount from the date of claim application.
In Union of India v. Radha Yadav, the Supreme Court held that if the amount so calculated is less than the amount prescribed on the date of the award of the Tribunal, the claimant will be entitled to the higher of the two amounts.
Read More: 5 Indian Railway Rules & Regulation You Need to Know | Prohibited Items
How To Get Interim Relief For Railway Accidents?
Interim relief is a temporary relief which is granted while the claims of final compensation are being settled. The process to claim it is given below:
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A medical report, postmortem report and death certificate are required in case of death.
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A copy of FIR is required in case of death or injury.
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Provide documentary proof such as a valid ticket of the victim’s passenger of the train on the date of the accident / untoward incident.
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File the case for interim relief in the appropriate railway tribunal.
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Fill out the form for interim relief attach the above-mentioned copies of the documents and submit them to the Chief Commercial Manager(‘CCM’) of the railway under whose jurisdiction the accident took place.
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If interim relief is not sanctioned within 15 days from the date of submission of the request from the CCM/Chief Claims Officer’s office, contact the Deputy CCM of the railway.
Conclusion
Victims are entitled to compensation and this is also their right under the law. In future, we must strive to avoid such accidents altogether since human life is precious. But just in case of an emergency, you must know about these rules and rights.
For more information, contact the Indian Railways by dialling 139.
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