Passengers’ death compensation rules of Indian Railways

Recently, very shocking and painful news came out from Aligarh, Uttar Pradesh. A rod lying on the track of Aligarh railway station broke the window of Nilanchal Express and entered the passenger’s neck and crossed his head. The passenger died on the spot in this tragic accident.

Man dies after iron rod pierces his neck in moving train

Man dies after iron rod pierces his neck in moving train

The floor of the compartment turned red with blood. During this time the train was running at a speed of 110 kmph. Other passengers stopped the train by pulling the chain and the body was then pulled out of the train.

Controversy on compensation

The name of the person who died was Harikesh. Railways had announced a compensation of 15 thousand to the family members, after which the family members said that they will give 50 thousand to the railways instead.

When the railway’s move was criticized on social media, the Railway Minister announced a compensation of 5 lakhs.

Let us know that if a person dies during an accident on railway premises or train, then what is the process of compensation and what is the amount of compensation?

When do you get compensation?

  • As soon as the passenger enters the station, the responsibility of the passenger’s life becomes that of the Railways.
  • As per Section 124 of the Railway Act, 1989, and the 2018 judgment of the Supreme Court compensation is given to passengers if death or injury takes place while traveling or deboarding after the journey and in the station premises.
  • Passengers without tickets also get compensation, although they have to show proof of travel.
  • This compensation is applicable for every accident.

When not compensated?

  • Committing suicide by jumping in front of a train
  • Traveling on the footboard of a train
  • Traveling on the roof of a train
  • Boarding Deboarding on a moving train
  • Standing close to a railway crossing
  • Crossing a closed railway level crossing
  • In the event of a natural death, such as a heart attack

How much is the railway’s death/Injury compensation amount?

  • Payment of compensation is governed by the Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 1997. Under these Rules, the amount of compensation payable in case of death is Rs.4 lakhs. For injuries, the amount varies from Rs.32,000/- to Rs.4,00,000/- depending on the nature of the injury sustained.
  • 2.4 Ex-gratia relief is given by the railway administration soon after an accident, at the rate of Rs.15,000/- to the next of kin of the dead, Rs.5,000/- in the case of grievous injury, and Rs.500/- in the case of simple injury.
  • The ex-gratia relief is intended to meet the immediate expenses and is not taken into account at the time of the final settlement of compensation claims. In case of serious or special circumstances, the quantum can be enhanced.

How to claim railway death/Injury compensation?

  • The injured passenger will have to get his treatment done and submit the treatment papers to the GRP station and register a complaint. The railway authority will have to send a compensation notice through an advocate.
  • Complaints can be made in Railway Claims Tribunal.
  • In case of death, the family will have to complain to the GRP police station.
  • For compensation, the help of the Railway Authority or Railway Claims Tribunal will have to be taken.

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