Accidents are unfortunate events but we face them eery now or then. Indian Railways are one of the safest modes of transport. But train accidents happen time to time despite all security measures. In such terrible events, many lose their lives, get seriously injured and even lose their limbs.
Indian Railways take responsibility for such adverse situations and offer compensation to the people affected by such accidents.
Compensation by Indian Railways
Identifying The Victim
The passengers who are met with an accident while traveling in the train or are victims of untoward incidents are entitled to compensation for loss of life or limb or injuries.
Who Can Claim
The victims themselves or the next of kin of the dead or injured person or an authorized agent can claim for the compensation.
Where Can The Victims Claim
An application should be presented by the victim, his agent or his authorized legal practitioner 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 occurred or where the place of destination station lies.
This application can also be sent by a registered post to the Registrar of the Bench concerned.
The Scale Of Compensation by Indian Railways
This is decided as per the Indian Railways Accident and Untoward Incidents (Compensation) Amendment Rules, 1997, which states:
1] Rs. 4,00,000 in case of death
2] Rs. 5000 in the case of grievous injury, and
3] Rs. 500 fir simple injury.
Ex-gratia is meant for meeting the immediate expenses. It is not taken into account at the time of final settlement of compensation claims.
Compensation Payable for Death and Injuries (in detail)
|PART I||(in rupees)|
|1||For loss of both hands and amputation at higher sites.||4,00,000|
|2||For loss of hand and a foot||4,00,000|
|3||For double amputation through leg or thigh or amputation through leg or thing 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 eyesight is essential.||4,00,000|
|5||For very severe facial disfigurement||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||3,20,000|
|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 the 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||80000|
|10||For loss of terminal phalanx of thumb||80000|
|11||For amputation of both feet resulting in end bearing stumps||3,60,000|
|12||For amputation through both feet proximal to the metatarsophalangeal joint||3,20,000|
|13||For the loss of all toes of both feet through the metatarsophalangeal joint.||1,60,000|
|14||For loss of all toes of both feet proximal to the proximal interphalangeal joint||1,20,000|
|15||For loss of all toes of both feet distal to the proximal interphalangeal joint||80000|
|16||For amputation at hip||3,60,000|
|17||For amputation below hip with stump not exceeding 5″ in length measured from tip of great trenchanter but not beyond middle thigh.||3,20,000|
|18||For amputation below hip with stump exceeding 5″ in length measured from tip of great trenchanter but not 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″ but not exceeding 5″||2,00,000|
|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 complications 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 metatarsophalangeal joint||1,20,000|
|26||Fracture of Spine without paraplegia||1,20,000|
|27||For loss of vision of one eye without complications of disfigurement of eyeball, the other being normal||1,20,000|
|28||For loss of all toes of one foot through the metatarso-phelangeal joint||80000|
|29||Fracture of Hip-joint||80000|
|30||Fracture of Major Bone Femur Tibia Both limbs||80000|
|31||Fracture of Major Bone Humerus Radius Both limbs||60000|
|32||Fracture of Pelvis not involving joint||40000|
|33||Fracture of Major Bone Femur Tibia one limb||40000|
|34||Fracture of Major Bone Humerus Radius Ulna One limb||32000|
*above table referred from this site on 8 June 2017
How To Apply For A Compensation
1] The victim, his next of kin or his authorized legal practitioner should present the application to the Tribunal in Form II in triplicate to the Registrar
2] If the number of respondents is more than one then many extra copies of application form with all the details should be submitted by the applicant.
3] The applicant can attach and present his application with a receipt slip in Form IV which should be signed by the Registrar of the officer receiving the application on behalf of the Registrar.
4] Every application should be typed legibly in double space on one side on thick paper of good quality.
5] No fee is charged for filing claim in Railway Claims Tribunal.
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Particulars required for filing claims in Railway Claims Tribunal:
- Name and father’s name of the person injured/dead (husband’s name in the case of married woman or widow).
- Full address of the injured/dead.
- Age of the person injured/dead.
- Occupation of the person injured/dead.
- Name and address of the employer of the deceased, if any.
- Brief particulars of the accident indicating the date and place of the accident and the name of the train involved.
- Class of travel, and ticket/pass number, to the extent, known.
- Nature of injuries sustained along with a medical certificate.
- Name and address of the Medical Officer/Practitioner, if any, who attended on the injured/dead and period of treatment.
- Disability for work, if any, caused.
- Details of the loss of any luggage on account of the accident.
- Has any claim been lodged with any other authority? If so, particulars thereof.
- Name and permanent address of the applicant.
- Local address of the applicant, if any.
- Relationship with the deceased. injured.
- The amount of compensation claimed.
- Where the application is not made one year of the occurrence of the accident, the grounds thereof.
- 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:
- Post mortem report in case of death.
- A copy of FIR in the case of death/injury.
- The medical report indicating the details of injuries sustained by the passengers.
- Death certificate from the District Administration in case the of the death of a passenger.
- Heirship title, in the case of death.
- Documentary proof of bonafide of the victim/deceased as a passenger of the train on the date of accident/untoward incident, if available otherwise indicate the class of travel, ticket/pass No.. to the extent known.
If Your Compensation Is Pending For Too Long, You Can Get An Interim Relief
The Railway Administration is authorized to pay a certain amount by way of giving an interim relief to the victim/claimant. This amount can be used by the victim to meet his expenses and get an immediate medical relief. This amount is adjusted on the final settlement of the claim case by the Railway Claims Tribunal.
Indian Railways take no responsibility in the case of collision between trains and crossing vehicles or victims of an unmanned level crossing. In such cases, however, damages can be sought under Law of Torts.
Free Legal-aid To The Claimants:
1] Railway administration liaises with the State Govt. for providing free legal aid to the prospective claimants. Victims/claimants should avail this facility.
2] Special sleeper class passes are issued by railway administration to the claimants. These passes are from the residence of the claimant to the place of hearing and back.
For 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|
|Northern New Delhiemail@example.com|
|North Eastern Gorakhpurfirstname.lastname@example.org|
|Northeast Frontier Guwahatiemail@example.com|
|Southern Chennai||044-25354897||044-25354897/ firstname.lastname@example.org|
|South Central Secunderabademail@example.com|
|South Eastern Kolkata||033-22489568||033-22489568/ firstname.lastname@example.org|
|East Central, Hajipur||0612-2301327(CCM)||0612-2301489||–|
|North Western, Jaipur||0141-2374893 (CCM)||0141-2374893||–|
|South East Central, Bilaspur||–||–|
|EastCoast, Bhubaneshwar||0674 – 2535223||0674 – email@example.com|
|North Central, Allahabad||0532-2561007 (CCM)||0532-2561008||–|
|South Western, Hubli||0836-22689810 (CCM)||–||–|
|South East Central, Jabalpur||0761-2677082 (CCM)||–||–|
*above table referred from this site on 8 June 2017
Such a situation should not arise on anyone and if it does it is extremely unfortunate.
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