PUBLIC UTILITY INFORMATION
Procedure
for filing claims before the Railway Claims Tribunal
A.
Compensation for train accidents/untoward incidents
a. Railway Passenger Insurance Scheme 1994:
i) The Hon`ble Minister of Railways
had declared the Railway Passenger Insurance Scheme in his budget speech
for the year 1993-94 under para 11.7 which reads as under :-
"11.7 : The House is aware that passengers who
die or get injured in train accidents only are entitled to get compensation.
I am happy to inform the House that Indian Railways
will soon be launching an insurance scheme to cover incidences of
deaths/injuries to bona fide passengers on account of terrorist attacks,
dacoities, bomb blasts etc. The railway staff travelling on duty or
on railway passes will also be covered under this scheme".
ii) In pursuance of the above
announcement, the Ministry of Railway undertook this unique, social,
security measure for the customers while they are in train or at railway
stations with a valid ticket or pass including platform ticket.
iii) In order to implement the Scheme, Indian
Railways insured railway passengers against death or injury in train
accidents as defined u/s 124 of the Railway Act 1989. Similarly, every
railway passenger or a person holding platform ticket is also
insured against death or injury on account of "untoward incident"
as defined under section 123(c) of the Act. Untoward Incident
includes terrorist act, violent act , robbery, dacoity, roiting , shoot
out, arson by any person in or on any train carrying passengers or in
the waiting hall, cloak room, reservation or booking office or on any
platform or in any other place within the precincts of a railway station
or accidental falling of any passenger from a train carrying passengers
b. Who is entitled to compensation:
The passengers who meet with an accident, as defined under
Section 124 of The Railways Act 1989 or become victim of untoward
Incidents as defined under Section 123 (c) of The Railways Act 1989
are entitled to compensation for loss of life and injuries of their
involvement in a railway accident or untoward incident.
c. Who can claim compensation:
The dependants of deceased
as defined in Section 123 (b) of The Railways Act or injured passenger
or his authorised agent may claim compensation. The following
relatives of deceased passenger are included in the definition of dependants
:
(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 predeceased son, if dependent wholly or partly on the deceased
passengers;
(iii) a minor child of a pre-deceased
daughter, if wholly dependent on the deceased passenger;
(iv) the paternal grand parent wholly
dependent on the deceased passenger;
d. Where to claim:
The claimant may file an application for compensation
under section 124 or 124A of The Railways Act 1989 before the
bench of Railway Claims Tribunal, having territorial jurisdiction
over the place from which the passenger obtains or purchases his pass
or ticket or where the accident or untoward incident occurs or where
the place of destination station lies or where the claimant normally
resides.
e. How to apply for compensation:
The claimant may draft an application
for compensation in the prescribed format in triplicate*
and present to the Registrar of a Bench as stated above,
either in person or through authorised agent or by post
To
download an application to be filed for claim compensation for death/injuries
received in a Railway Accident/untoward incident |
CLICK HERE |
* Where the number of respondent is
more than one, as many extra copies of the applications as there are
respondents, together with unused file size envelops, bearing full address
of such respondents, shall be furnished by the applicant.
Scale of compensation:
The scale of compensation is to be decided as per
Railway Accident and Untoward incidents (Compensation) Rules 1990 wherein
compensation for death or 100% permanent disability is rupees 4 lakhs.
In case of injury, the minimum of Rs.32000/- and maximum of Rs.3.60
lacs is given depending upon the gravity of injury which is reproduced
as under:
SCHEDULE
COMPENSATION PAYABLE FOR DEATH AND INJURIES
| PART I |
For Death |
4,00,000 |
| PART II |
|
|
| 1 |
For loss of both hands or amputation at higher sites |
4,00,000 |
| 2 |
For loss of hand and foot |
4,00,000 |
| 3 |
For double amputation through leg or thigh or amputation
through leg or thigh on one side and loss of other foot |
4,00,000
|
| 4 |
For loss of sight to such an extent as to render the
claimant unable to perform any work for which eye-sight is essential |
4,00,000 |
| 5 |
For very severe facial dis-figurement |
4,00,000 |
| 6 |
For absolute deafness |
4,00,000 |
| PART III |
|
|
| 1 |
For amputation through shoulder joint |
3,60,000 |
| 2 |
For amputation below shoulder with stump less than
8" from tip of acromion |
3,60,000 |
| 3 |
For amputation from 8" from tip of acromion to
less than 4-1/2" below tip of olecranon |
2,80,000 |
| 4 |
For loss of a hand or thumb and four fingers of one
hand or amputation from 4-1/2" below space tip of olecranon |
2,40,000 |
| 5 |
For loss of thumb |
1,20,000 |
| 6 |
For loss of thumb and its metacarpal bone |
1,60,000 |
| 7 |
For loss of four fingers of one hand |
2,00,000 |
| 8 |
For loss of three fingers of one hand |
1,20,000 |
| 9 |
For loss of two fingers of one hand |
80,000 |
| 10 |
For loss of terminal phalanx of thumb |
80,000 |
| 11 |
For amputation of both feet resulting in end bearing
stumps |
3,60,000 |
| 12 |
For amputation through both feet proximal to the metatarso-phalanageal
joint |
3,20,000 |
| 13 |
For loss of all toes of both feet through the matatarso-phlanageal
joint |
1,60,000 |
| 14 |
For loss of all toes of both feet proximal to the
proximal inter-phalanageal joint |
1,20,000 |
| 15 |
For loss of all toes of both feet distal to the proximal
inter-phalangeal joint |
80,000 |
| 16 |
For amputation at hip |
3,60,000 |
| 17 |
For amputation below hip with stump not exceeding
5" in length measured from tip of greate trenchanter ut not
beyond middle thighs. |
3,20,000 |
| 18 |
For amputation below hip with stump exceeding 5"
in length measured from tip of grade trenchanter butnot beyond middle
thigh |
2,80,000 |
| 19 |
For amputation below middle thigh to 3-1/2" below
knee |
2,40,000 |
| 20 |
For amputation below knee with stump exceeding 3-1/2"
butnot exceeding 5" |
5,00,000 |
| 21 |
Fracture of spine with paraplegia |
2,00,000 |
| 22 |
For amputation below knee with stump exceeding 5" |
1,60,000 |
| 23 |
For loss of one eye without complication the other
being normal |
1,60,000 |
| 24 |
For amputation of one foot resulting in end-bearing |
1,20,000 |
| 25 |
For amputation through one foot proximal to the metatorso
phalangeal joint |
1,20,000 |
| 26 |
Fracture of spine with paraplegea |
1,20,000 |
| 27 |
For loss of vision of one eye without complications
of disfigurement of eye ball, the other being normal |
1,20,000 |
| 28 |
For loss of all toes of one foot through the metatarso-phelangeal
joint |
80,000 |
| 29 |
Fracture of hip joint |
80,000 |
| 30 |
Fracture of major bone femur tibia of both limbs |
80,000 |
| 31 |
Fracture of major bone humerus radius both limbs |
60,000 |
| 32 |
Fracture of pelvis not involving joint |
40,000 |
| 33 |
Fracture of major bone femur tibia of one limb |
40,000 |
| 34 |
Fracture of major bone humerus radius ulna of one
limb |
32,000 |
Ex-gratia to be paid by Railway Administration:
Immediately after the accident or untoward
incident has taken place, ex-gratia at the rate of
a. Rs.15000/- to the dependant of dead passenger,
b. Rs.5000/- to the grievously injured and
c. Rs.500/- to simple injured
is also given to take care of their immediate needs.
Free legal -aid to claimants:
Railway Administration liaise with State Govt. for providing
free legal aid to the prospective claimants. This facility should
be availed of by the claimants.
What is time limit for filing Claim Application:
One year from
the date of accident/incident. However Tribunal has been empowered
to entertain an application even after the aforesaid period if the applicant
satisfies the Bench that he had sufficient cause for not making the
application within stipulated period.
When Railway Administration is not liable:
No compensation shall be payable by
the railway administration if the passenger dies or suffers injury due
to-
(a) suicide or attempted suicide by
him;
(b) self-inflicted injury;
(c) his own criminal act;
(d) any act committed by him in a state
of intoxication or insanity:
(e) any natural cause or disease or
medical or surgical treatment unless such treatment becomes necessary
due to injury caused by the said untoward incident.
Interim Relief:
Where a person who had filed an application for
compensation under section 125 of the Railways Act desires to claim
interim relief, he may apply to the railway administration for payment
of the interim relief along with copy of the application submitted before
the Railway Claims Tribunal. The railway administration
on being satisfied about the circumstances which require the relief
to be afforded to the applicant, may pending determination by the Claims
Tribunal, the actual amount of compensation pay interim relief. However,
the sum so paid shall not exceed the amount of compensation payable
at such rates as may be prescribed.