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            Indian Railway Establishment Code Volume I
               Chapter 12
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Chapter 12 Content

Chapter 12
Compensation for Injuries and Loss of Personal Property
 


 1201. Title to compensation
.--Except as provided in the Workmen's Compensation Act or in the rules in this Chapter, no railway servant shall have any claim on Government for compensation for loss of personal property, or for a disease contacted, or for an injury sustained, while in the service of the Union from any cause whatsoever; nor, subject to the same provision shall the family of a railway servant have such a claim in the event of the latter's death . 


 1202. Compensation for injuries or death
.--Compensation to Railway servants for death or injuries attributable to and due to Railway service shall be awarded under the Workmen's Compensation Act, 1923. In cases where the Workmen's Compensation Act is not applicable, the compensation shall be granted under the Railway Services Extra-ordinary Pension Rules, as amended from time to time.


 1203
. Apart from the compensation under Rules 1201 and 1202, a Railway servant (whether injured on duty or not) is entitled to reimbursement of expenses incurred on himself and/ or his family members and/or dependent relatives as defined in Indian Railways Establishment Code for :-
 

(a)  Hospitalisation charges including treatment etc. ; in any Railway, Government or recognised hospital or any other hospital with which arrangements have been made by the Government for treatment of Government servants; and 

(b)  The cost of procurement, renewals, replacements, repairs, adjustment etc. of artificial limbs and appliances like spinal belt, spinal braces, surgical boots etc. : 

Provided that the expenses on artificial limbs/appliances etc. shall be reimbursed only when these are certified as essential by a specialist in the concerned specialty in the Railway hospitals and the procurement, repairs, renewals, adjustment, replacement, etc. are got done by the Rehabilitation Department of the Medical Colleges and hospitals, Artificial Limb Center, Pune and such other centers and organisations recognised for the purpose by the Central Government or State Governments, Where, however, under the advice of the Medical Specialists, the artificial appliance is to be repaired/adjusted, it has to be ensured that the cost of repairs/ adjustment of appliances is less than the cost of replacement thereof. The limbs/appliances, reimbursable have been listed in the Indian Railway Medical Manual.


 1204. Compensation for loss of personal property
.--(1) Claims to compensation for loss of personal property shall ordinarily be considered only where-

(a)  the exposure of the property to risk is directly connected with the duties on whit?s the railway servant is employed at the time, e.g., when the railway servant is travelling on duty by water or rail and the loss is due to an accident which occurred in the course of the journey or when the action of an enemy or insurgents or of raiders or wild tribes on the frontier causes the loss of the property of a railway servant employed in tho area affected, or 

(b)  the loss to property is caused by the action of strikers or rioters and there is no ~ possibility of any claim by the railway servant in his capacity as a private citizen being entertained by the State Government concerned under any law for the time being in force, or

(c)  the property lost consisted of necessary equipment which at the time 9f its complete or partial destruction was in a Government building or other habitation where the railway servant was obliged to reside for the effective discharge of his duties, or 

(d)  the property is lost in consequence of endeavours on the part of the railway servant to save the property of Government which was also endangered at the time, or 

(e)   the property is destroyed under orders of competent authority: 

Provided that no compensation shall be paid in respect of 

(i)   losses due to ordinary thefts, even when accompanied by violence, or 

(ii)  losses which are due in any way to negligence or other default on the part of the claimant. (For instance, when the property is such which, as a matter of ordinary prudence, the owner of the property could and should have insured. The question whether the property ought to have been insured is one of fact for the decision of the sanctioning authority. )

(2) Compensation is ordinarily not admissible for loss of property due to a cause which is entirely an "act of God". 


 1205
. When anyone of the conditions in rule 1204 is satisfied, compensation may be granted to the railway servant, as an act of grace and, at the discretion of the competent sanctioning authority, up to the value of the necessaries lost by him. The value of the property lost must, for the purposes of assessment of compensation, be taken at the value  the articles would have realized if sold at the time of loss and not at the cost of replacing them by new articles.
 

Note.--The question whether the articles lost are "necessaries" within the weaning of this rule will be determined by the sanctioning authority with reference to the railway servant's personal standing and circumstances. 


 1206
. When animals are destroyed by order of competent authority to prevent the spread of infectious or contagious disease, payment of compensation not exceeding the amount payable to a private person in similar circumstances may be sanctioned.
 


 1207.
Except as otherwise provided in this chapter or in the schedules of powers of the various authorities, the grant of compensation under the rules in this chapter shall require the previous sanction of the President.




Source : Ministry of Railways (Railway Board) CMS Team Last Reviewed on: 27-01-2011  

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