Ministry of Railways has decided to revise the amount of ex-gratia relief to be paid to the dependents of dead and injured passengers involved in Train Accidents and Untoward Incidents as defined under Section 123 read with Section 124 and 124-A of the Railways Act, 1989 and to the road users who met with an accident due to Railway’s prima facie liability at Manned Level Crossing Gate Accident. The revised rates and compiled instructions are as below:
Amount of Ex-gratia for Train Accidents, Untoward Incidents and Manned Level Crossing Gate Accidents
| Type of accident | Amount of ex-gratia for Death | Amount of ex-gratia for Grievous Injury | Amount of ex-gratia for Simple Injury | |
| 1. | Train Accident (as defined
1) under Section 124 of the Railways Act, 1989) |
Rs. 5,00,000/
(Rupees Five lakh only) |
Rs. 2,50,000/
(Rupees Two lakh Fifty thousand only) |
Rs. 50,000/
(Rupees Fifty Thousand only) |
| 2. | Untoward Incident (as
defined under Section 124-A of the Railways Act, 1989) |
Rs. 1,50,000/
(Rupees One lakh Fifty Thousand only) |
Rs. 50,000/
(Rupees Fifty Thousand only) |
Rs. 5,000/
(Rupees Five Thousand only) |
| 3. | Accident at
Manned Level Crossing (due to Railway’s prima facie liability) |
Rs. 5,00,000/
(Rupees Five lakh only) |
Rs. 2,50,000/
(Rupees Two lakh Fifty thousand only) |
Rs. 50,000/
(Rupees Fifty Thousand only) |
Additional Ex-gratia relief in case of Hospitalization of Grievously Injured Passengers beyond 30 days
| In case of Train Accident | In case of Untoward Incident |
| Rs. 3,000/- per day to be released at the
end of every 10 day period or date of discharge, whichever is earlier. |
Rs. 1,500/- per day to be released at the end
of every 10 day period or date of discharge, whichever is earlier upto further six month of hospitalization.
|
| Thereafter, Rs. 750/- per day be released at
the end of every 10 day period or date of discharge, whichever is earlier upto further five month of hospitalization. |
|
| (a) Lump sum amount of ex-gratia for hospitalization of grievously injured passenger
upto first 30 days is as mentioned in table at para (1) above. (b) The maximum period for which ex-gratia is payable to the grievously injured passenger will be 12 months. |
|
This ex-gratia relief will be exclusively for passengers who are grievously injured in train accidents or untoward incidents as defined under Section 123, read with Section 124/124-A, of the Railways Act, 1989.
The period for treatment as indoor patient for more than 30 days would need to be certified by a Railway Doctor for the purpose of further ex-gratia payment upto the period of remaining 11 months. In case where the injured is taking treatment in other than Railway hospital, the treatment has to be certified by Railway Doctor.
Maximum amount of upto Rs. 50,000/- to be paid in cash as an immediate relief for taking care of initial expenses. Remaining amount to be paid by Account Payee Cheque/RTGS/NEFT/Any other online payment mode. Railways may disburse the entire amount of ex-gratia/enhanced ex-gratia by Account Payee Cheque/RTGS/NEFT/Any other online payment mode, if deemed appropriate.
No ex-gratia relief would be admissible to road users in case of accident at Unmanned Level Crossing, trespassers, persons electrocuted by OHE (Over Head Equipment). Ex-gratia payment in case of train accidents and untoward incidents are not to be taken into account at the time of final claim for compensation 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 Accident, will be counted towards the amount of compensation payable, if action is tenable against the Railways under the Law of Torts and an award is actually granted by Court of Law.
Ex-gratia payments should also be made to railway servants killed or injured by a moving train while performing their duty, for example, gang man working on track run over accidentally by a moving train. Payments should be sanctioned/arranged preferably on the spot by a Senior Scale Officer nominated by the General Manager after making such enquiries as, can be reasonably made on the spot after the immediate needs by way of medical attendance etc. to injured persons are attended to.
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