Section 124A of The Railways Act, 1989 in hindi
When in the course of working a railway an untoward incident occurs, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or
↩1.Ins. by Act 28 of 1994, s. 2 (w.e.f. 1-8-1994).
↩2.Ins. by s. 3, ibid. (w.e.f. 1-8-1994).
the dependant of a passenger who has been killed to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only of loss occasioned by the death of, or injury to, a passenger as a result of such untoward incident:
Provided that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to—
- (a)suicide or attempted suicide by him;
- (b)self-inflicted injury;
- (c)his own criminal act;
- (d)any act committed by him in a state of intoxication or insanity;
- (e)any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident. Explanation.—For the purpose of this section, “passenger” includes—
- (i)a railway servant on duty; and
- (ii)a person who has purchased a valid ticket for travelling, by a train carrying passengers, on any date or a valid platform ticket and becomes a victim of an untoward incident.]
Summary
- The railway administration is liable to pay compensation for injuries caused by an untoward incident, including those caused by suicide, self-inflicted injury, criminal act, or natural cause.
- The railway authority is obligated to pay no compensation if the passenger dies or suffers injury due to any untowing incident.
Practical examples
FAQ
1. What is considered an untoward incident under Section 124A of The Railways Act, 1989?
Under Section 124A of The Railways Act, 1989, an untoward incident includes the accidental falling of any passenger from a passenger train. It also includes violent attacks, terrorist acts, robbery, dacoity, which means armed robbery by a group, rioting, shoot-outs, or arson taking place on a train, platform, waiting hall, cloakroom, booking office, or within the station area.
2. Does a person need to prove that the railway was negligent to get compensation under Section 124A of The Railways Act, 1989?
No, under Section 124A of The Railways Act, 1989, a person does not need to prove any wrongful act, neglect, or default by the railway administration. The railway is liable to pay compensation regardless of whether they were at fault, as long as the injury or death resulted from an untoward incident.
3. In what situations will the railway refuse to pay compensation under Section 124A of The Railways Act, 1989?
Under Section 124A of The Railways Act, 1989, the railway is not liable to pay compensation if a passenger dies or gets injured due to suicide or attempted suicide, self-inflicted injury, their own criminal act, an act committed while insane or intoxicated, or any natural cause, disease, or medical treatment that was not made necessary by the accident.
4. Does a platform ticket holder count as a passenger under Section 124A of The Railways Act, 1989?
Yes, under Section 124A of The Railways Act, 1989, the definition of a passenger explicitly includes any railway servant on duty, any person with a valid travel ticket for a passenger train, and any person who has purchased a valid platform ticket and becomes a victim of an untoward incident.
Test yourself
Q1.Under Section 124A of The Railways Act, 1989, which of the following is an exception where the railway administration is NOT liable to pay compensation?
Q2.Under Section 124A of The Railways Act, 1989, who among the following is explicitly included in the definition of a passenger?
Q3.Under Section 124A of The Railways Act, 1989, if a passenger on duty is injured in an untoward incident, what is the status of the railway administration's liability regarding negligence?
Q4.Under Section 124A of The Railways Act, 1989, if a passenger dies from a disease or natural cause while on a train, what is the liability of the railway administration?