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Government of India
Ministry of Railways
(Railway Board)
No.2002/TC-III/28/3
New
Delhi. Dated 12-06-02
The General Managers,
All Zonal Railways.
OSDs, New Railway Zones.
Sub:- Relief to persons involved in train
accidents, untoward Incidents or manned level
crossing gate accidents - Ex-gratia
payment to victims.
Liability of the Railways for grant of ex-gratia
relief to the persons involved in train accidents or untoward incidents as defined
under Sections 124 and 124-A of the Railways Act, 1989 or in the case of level
crossing gate accidents have been advised through various policy letters issued
from this directorate. It is desired that the latest consolidated instructions
on this issue, reiterated below, should be made available to the concerned officers
in the Divisions, besides every Commercial Controller, Divisional Safety Officer
& Chief Controllers of each division on your Railway:-
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I. Amount of ex-gratia
for train accidents/ untoward
incidents
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Authority |
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The amount paid as ex-gratia
relief payable to the dependents of dead or injured passengers involved
in train accidents or untoward incidents as defined under
Sections 124 and 124-A should be as under:- |
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| (i) In case of
death : |
Rs. 15,000/- |
Letter No. 93/TC-III/122/1/Ex-gratia
dated 26-04-1996.
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| (ii) In case of
grievous injury : |
Rs. 5,000/- |
Letter No.93/TC-III/
(Irrespective of the period 122/1/ex-gratia dated of hospitalisation) 26-04-1996.
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| (iii) In case of
simple injuries : |
Rs. 500/- |
Letter
No.93/TC-III/122/1/ex-gratia
dated 21-08-1995.
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The amount paid as ex-gratia for train accidents/untoward
incidents is not to be taken into account at the time of formal claims for
compensation.
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II. Amount of ex-gratia for manned level
crossing gate accidents
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Authority
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The
amount of ex-gratia relief admissible to road-users
who meet with an accident due to Railway's prima
facie liability at manned level- Crossing gate
accidents will be as under:- |
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| (i) In case of
death : |
Rs. 6,000/- |
Letter
No. 93/TC-III/122/1/ex-gratia dated 18-11-99. |
| (ii) In case of
grievous injury : |
Rs. 2,500/- |
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| (iii) In case of
simple injury : |
Nil |
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Such payments will be counted towards the
amount of compensation payable, if action is tenable against the Railways under
the Law of Torts and an award in actually granted by a Court of Law.
| III. Ex-gratia for trespassers, persons electrocuted
by OHE and road
users at unmanned level crossing |
Authority |
| No ex-gratia payment would
be admissible to the trespassers, persons electrocuted by OHE and road
users at unmanned level crossings. |
Letter No. 93/TC- III/122/1/ex-gratia/ dated
21-08-1995. |
| IV. Ex-gratia
payment for railway servants killed or injured
by a moving train while performing their duty |
Authority
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| Ex-gratia payment should also be made
to railway servants killed or injured by a moving train while performing
their duty for example, gangman working on track run-over accidentally
by a moving train.
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Letter No. 93/TC-III/122/1/ex-gratia/ dated 21-8-1995.
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| V. Manner of arranging ex-gratia to the victims |
Authority
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| Payment should be sanctioned /
arranged/ preferably on the spot by a senior scale
or higher officer nominated by the General Manager after making such
enquiries as can be reasonable made on the spot after the immediate
needs by way of medical attendance etc. to injured persons are attended
to. |
Letter No. 93/TC-III/122/1/ex-gratia/ dated
21-08-1995. |
Receipt of letter may be acknowledged and action
taken in the matter advised within 15 days.
A copy each of the letters referred to above are enclosed
herewith for your ready reference.
Hindi version will follow.
(Rajni Hasija)
Jt.Director, Traffic Comml (Claims),
Railway Board.
Note : (a) The instructions at I (i) & (ii) above
were issued with the approval of the Associate
Finance of Board's Office and were reiterated vide Board's letter No.93/TC-III/122/1/Ex-gratia
dt.14-7-1997.
(b) The instructions at I (iii)&
III to V above were issued with the approval of the Associate Finance
of Board's Office and were reiterated vide Board's letter No.93/TC-III/122/1/Ex-gratia
dt.14-7-1997.
(c) The amount of ex-gratia to be paid
for manned level crossing gate accidents as contained in Board's letter
No. 93/TC-III/122/1/Ex-gratia dated 21-8-95, reiterated vide Board's
letter No. 93/TC-III/122/1/Ex-gratia dated 14-7-97 have been superseded
vide Board's letter No. 93/TC-III/122/1/Ex-gratia dated 18-11-99 with
the approval of Associate Finance of Board's Office.
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