Compensation for human casualty & injury

Who is a victim:

 

The passengers who met with an accident, as defined under Section 124 of the Railways Act, 1989 or become victims of untoward incidents as defined under Section 124-A of the Act are entitled to compensation for loss of life and injuries as a result of their involvement in a train accident or untoward incident.

 

 

Who can claim:

 

The claimant may be injured person or next of kin of the dead or injured or the authorized agent.

 

 

Where to claim:

The claimant or his agent or his duly authorized legal practitioner should present the application in triplicate to the Registrar of the Tribunal having jurisdiction over the place of residence of the applicant or the place where the passenger purchases his ticket or where the accident or untoward incident occurs or where the place of destination station lies.  The application can also be sent by registered post to the Registrar of the Bench concerned. 

 

Scale of compensation:

The scale of compensation is decided as per the Railways Accident and Untoward Incidents (Compensation) Amendment Rules, 1997 that lay down:  

 

Ex-gratia:

Ex-gratia relief is also given by the railway administration soon after an accident normally at the rate of:

    1. Rs.15,000/- in case of death;

    2. Rs.5,000/- in the case of grievous injury, and

    3. Rs.500/- for simple injury.

The ex-gratia is intended to meet the immediate expenses and is not taken into account at the time of final settlement of compensation claims.

 

How to apply for compensation:

  • The claimant or his agent or his duly authorised legal practitioner should present the application to the Tribunal in Form II in triplicate to the Registrar. The application can also be sent by registered post to the Registrar of the Bench concerned.

  • Where the number of respondents is more than one, as many extra copies of the application as there are respondents, together with unused file size envelopes, bearing the full address of such respondents, shall be furnished by the applicant.

  • The applicant may attach to and present with his application a receipt slip in Form IV which shall be signed by the Registrar of the officer receiving the application on behalf of the Registrar in acknowledgement.

  • Every application including any miscellaneous application, shall be typed legibly in double space on one side on thick paper of good quality.

No fee is charged for filing accident/untoward incident claim in Railway Claims Tribunal.

Particulars required for filing claims in Railway Claims Tribunal:

  1. Name and father's name of the person injured/dead (husband's name in the case of married woman or widow)

  2. Full address of the injured/dead

  3. Age of the person injured/dead.

  4. Occupation of the person injured/dead.

  5. Name and address of the employer of the deceased, if any.

  6. Brief particulars of the accident indicating the date and place of accident and the name of the train involved.

  7. Class of travel, and ticket/pass number, to the extent known.

  8. Nature of injuries sustained alongwith medical certificate.

  9. Name and address of the Medical Officer/Practitioner, if any, who attended on the injured/dead and period of treatment.

  10. Disability for work, if any, caused.

  11. Details of the loss of any luggage on account of the accident.

  12. Has any claim been lodged with any other authority? If so, particulars thereof.

  13. Name and permanent address of the applicant.

  14. Local address of the applicant, if any.

  15. Relationship with the deceased. injured.

  16. Amount of compensation claimed.

  17. Where the application is not made one year of the occurrence of the accident, the grounds thereof.

  18. Any other information or documentary evidence that may be necessary or helpful in the disposal of the claim.

Documents which facilitate expeditious adjudication of claims by Tribunal:

  1. Post mortem report in case of death.

  2. Copy of FIR in case of death/injury.

  3. Medical report indicating the details of injuries sustained by the passengers.

  4. Death certificate from the District Administration in case of death of a passenger.

  5. Heirship title, in case of death.

  6. Documentary proof of bonafide of the victim/deceased as passenger of the train on the date of accident/untoward incident, if available otherwise indicate class of travel, ticket/pass No.. to the extent known.

 

Want Interim Relief !

Pending settlement of an accident or untoward incident claim case, on a request received from a claimant, the Railway Administration is authorised to pay a certain amount by way of giving interim relief to a claimant, which would be required by the claimant to meet emergent expenses and afford immediate relief. This amount is adjusted on final settlement of the claim case by the Railway Claims Tribunal. Form V

 

Accident at Level Crossings:

No liability accrues in the case of collision between trains and road vehicles at level crossings in which railway passengers are not involved and cases of persons run over by the trains. However, in such cases damages can be sought under Law of Torts.

No ex-gratia is given to the victims of unmanned level crossing. However, the amount of ex-gratia to road users who meet an accident due to railways’ prima facie liability at manned level crossing is as follows:

In case of – 

1. Death - Rs.6, 000/-

2. Grievous Injury - Rs.2, 500/-

3. Simple Injury - NIL.

In case of road users who are dead or injured at manned level crossings, such payments will be counted towards the amount of compensation granted by a court of law.

 

Free legal-aid to the claimants:

Railway administration liaise with the State Govt. for providing free legal aid to the prospective claimants. This facility should be availed of by the claimants.

 

Issue of special passes to the claimants:

Sleeper Class cheque passes from the place of residence to the place of hearing and back are issued by railway administration to the victim/claimants, when attendence of the claimants is ordered by Railway claims tribunal in respect of cases falling under Section 124 and 124-A of the Railways Act, 1989.

 

Any complaints !

Contact the Chief Claims Officer (CCO) or Chief Claims Manager(CCM) of the concerned Zonal Railway on: 

Zonal Railway Phone No. FAX Number E-mail Address

Central Mumbai

022-22620427 022-22633075/22624497 cco@cr.railnet

Eastern Kolkata

033-22484914 033-22489086 cco@er.railnet.gov.in

Northern New Delhi

011-23742444 011-23742444/23747084 ccondcr@nr.railnet.gov.in

North Eastern Gorakhpur

0551-2200845 0551-2200845 cco@ner.railnet.v.in

Northeast Frontier Guwahati

0361-2570490 0361-2570490 cco@nfr.railnet.gov.in

Southern Chennai

044-25354897

044-25354897/ 25354746

cco@sr.railnet.gov.in

South Central Secunderabad

040-27832214 040-27832214 cco@scr.railnet.gov.in

South Eastern Kolkata

033-22489568

033-22489568/ 22209234

cco@ser.railnet.gov.in

Western Mumbai

022-22012138 022-22082808 cco@wr.railnet.gov.in

East   Central, Hajipur

0612-2301327(CCM) 0612-2301489  
North Western, Jaipur 0141-2374893 (CCM) 0141-2374893  
South East Central, Bilaspur      
EastCoast, Bhubaneshwar      
North Central, Allahabad 0532-2561007 (CCM) 0532-2561008  
South Western, Hubli 0836-22689810 (CCM)    
South East Central, Jabalpur 0761-2677082 (CCM)    

If the complaint still persists Contact EDPG, Railway Board (give reference to complaint to CCO) on:

Phone Nos. 011-3386203 & 3303689 or

mail your complaints to edpg@rb.railnet.gov.in  

We value your life !

Note :- No amount of compensation can cover up for the loss of life or a limb :-Notwithstanding the provision for payment of compensation, Indian Railways wishes casualties & injuries were not there -

Take care !

  • Do not ever travel on the footboard of the train

  • Do not ever travel on the roof of the train

  • Do not ever board or alight from running train

  • See Right & Left before crossing un-manned level crossings

  • Do not snuggle through closed level crossings

For your kind information, these are not covered under accidents or untoward incidents for payment of compensation.