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How much compensation is provided to rail crash victims in China? How does it compare to compensation provided in India?  
5 Answers
Aug 05 2011 (5:42AM)
General

Entry# 477     
moderator*^~
How much compensation is provided to rail crash victims in China? How does it compare to compensation provided in India?

Aug 04 2011 (10:45PM)
News Entry# 32775  Shanghai : Nineteen families get railway compensation  
Posted by: rdb*^   Added by: moderator*^~  Aug 05 2011 (5:42AM)
As of Sunday, 19 families of passengers that died in the high-speed train crash in Wenzhou, East China's Zhejiang province, had agreed to accept compensation.
The families will receive 915,000 yuan ($142,000) each, almost double the original offer of 500,000 yuan.
The payment also includes compensation for emotional distress and one-off aid that will help cover living expenses for the victims' children.
The Ministry
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of Railways said it is now working on the compensation package for those who were injured in the accident, which left 40 people dead and 191 injured.
It also publicized a list of items to help passengers claim belongings lost in the crash. As of Sunday morning 153 pieces had been claimed, and 76 items remained unclaimed. The ministry said it had paid nearly 40,000 yuan in compensation to passengers missing luggage.
The ministry also tried again to convince the public that it did not try to bury the wreckage to hide evidence.
Lu Dongfu, vice-minister of railways, said in an interview with China Central Television on Sunday that three carriages on the viaduct squeezed together, which resulted in the middle carriage being seriously distorted.
"In order to make space for the cranes, rescuers needed to clear up the area under the viaduct so that the cranes could get in. So rescuers moved the wreckage under the viaduct and dropped it into a pit," he said. "None of the debris and derailed carriages were buried."
In response to accusations that the ministry did not prioritize saving lives, Lu said such suggestions were hurtful to the 2,000 railway workers and 3,000 local rescuers who participated in the rescue mission. However, Lu's words failed to convince many netizens, who continue to urge the ministry to tell truth.
While an investigation to determine the cause of the crash is still under way, the ministry's initial findings suggest the cause was "serious design flaws" in the signaling equipment.
China Daily

Aug 01 2011 (12:19PM)
News Entry# 32280  Nineteen families get railway compensation  
Posted by: Ranjeet*^   Added by: moderator*^~  Aug 05 2011 (5:43AM)
The families will receive 915,000 yuan ($142,000) each, almost double the original offer of 500,000 yuan.
The payment also includes compensation for emotional distress and one-off aid that will help cover living expenses for the victims' children.
The Ministry of Railways said it is now working on the compensation package for those who were injured in the accident, which left 40 people dead and 191 injured.
It
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more...
also publicized a list of items to help passengers claim belongings lost in the crash. As of Sunday morning 153 pieces had been claimed, and 76 items remained unclaimed. The ministry said it had paid nearly 40,000 yuan in compensation to passengers missing luggage.
The ministry also tried again to convince the public that it did not try to bury the wreckage to hide evidence.
Lu Dongfu, vice-minister of railways, said in an interview with China Central Television on Sunday that three carriages on the viaduct squeezed together, which resulted in the middle carriage being seriously distorted.

Jul 30 2011 (5:39PM)
News Entry# 32090  Death Toll Rises From High-Speed Train Crash in China  
Posted by: rdb*^   Added by: moderator*^~  Aug 05 2011 (5:44AM)
The death toll from a high-speed train crash in eastern China last week rose to 40 late on Thursday as a critically injured passenger died in the hospital.The Chinese government also announced it would nearly double the amount compensation to families of victims who died. Instead of 500,000 renminbi, or about $77,000, families will be entitled to 915,000 renminbi, or more than $140,000, China's official news agency, Xinhua, reported Friday.Meanwhile, the Railway Ministry denied accounts from witnesses at the scene who said that despite an ongoing investigation, one or more train cars had been buried at the accident site. A senior ministry official told People's Daily online, the official Web site of the Communist Party's newspaper , that workers used heavy equipment to move some mangled cars in order to reach others. They did not destroy or bury any evidence, the ministry said.

Jul 29 2011 (8:24PM)
News Entry# 31943  China doubles compensation for relatives of train crash victims  
Posted by: Jayashree ❖ Amita*^   Added by: moderator*^~  Aug 05 2011 (5:48AM)
2011-07-29
WENZHOU, July 29 (Xinhua) -- China has almost doubled the amount of compensation that will be paid to relatives of the victims of last Saturday's fatal train collision to 915,000 yuan (about 143,000 U.S. dollars) per deceased family member, sources with the local rescue command center said Friday.
The command center under the State Council, or China's cabinet, said it reached an agreement with the relatives of the victims to raise the compensation amount from the original 500,000 yuan in order to stick to the principle of "putting people first."
The
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payments will include death compensation, funeral expenses, compensation for emotional distress and one-off aid that will help cover living expenses for the victims' children, according to the command center.
The Ministry of Railways will provide the compensation.
The family of Hao Naigang, a victim from east China's Tianjin Municipality, was the first family to accept the increased compensatory payment.
The family of victim Lin Yan from southeast Fujian Province previously agreed to take a compensatory payment of 500,000 yuan, before the increased compensation scheme was put into place.
The command center said that payments given to those who already agreed to the initial offer will be increased in accordance with the new standard.
The center also said it is working on a compensation agreement for those who were injured in the accident.
Saturday's train collision near the city of Wenzhou in east Zhejiang Province has left at least 40 people dead and 191 others injured.

Jul 29 2011 (1:21PM)
News Entry# 31846  Railway Claims Tribunal Website  
Posted by: ThE BoSs*^~   Added by: moderator*^~  Aug 05 2011 (5:49AM)
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
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: 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 | 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.
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