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Is there a standard procedure to file claims in case of train accidents?
Is there a standard procedure to file claims in case of train accidents?
Jul 29 2011 (13:21)
News Entry# 31846 Railway Claims Tribunal Website
Posted by: ThE BoSs*^~ Added by: moderator Aug 05 2011 (05:50)
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 :-
: 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:
COMPENSATION PAYABLE FOR DEATH AND INJURIES
PART I For Death 4,00,000
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
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.
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.