Presentation On Accident Compensation Claim
ISSUED
BY
Shri S. S. Negi, Chief Claims Officer,
Northern Railway, NDCR Bldg.,
State Entry Road,
NEW DELHI-110055.
On
Accident Compensation Claim
Regarding:
1. Definition of section 124 & 124-A
2. Ex-gratia
3. Procedure of filling claim compensation & Interim Relief, &
4. Other important information.
Contents 1
Annexures
(1). DEFINITION OF SECTION 124 & 124-A OF RAILWAY ACT 1989 REGARDING ACCIDENT CLAIM COMPENSATION CLAIM
SECTION 124:
When in the course of working a railway, an accident occurs, being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to train or any part of train carrying passengers, 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 has suffered a loss to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding any this contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction, damage or deterioration of goods owned by the passenger and accompanying him in his compartment or on the train, sustained as a result of such accident.
For the purpose of this section “passenger” includes a railway servant on duty.
SECTION 124 A:
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 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 for 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 of surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident.
For the purposes of this section, “passenger” includes –
i. a railway servant on duty; and
ii. person who has purchased a valid ticket for traveling, by a train carrying passengers, on any date or a valid platform ticket and becomes a victim of an untoward incident.
“Untoward incident” means –
(1) i). The commission of a terrorist act within the meaning of sub-section (1) of sec. 3 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987), or
ii) the making of a violent attack or the commission of robbery or dacoity; or
iii) the indulging in rioting, shoot-out or arson, by any person in or on any train carrying passengers, or in a waiting hall, cloak room or reservation or booking office or on any platform or in any other place within the precincts of a railway station; or
(2) the accidental falling of any passenger from a train carrying passengers.
2. EX- GRATIA:
It is a latin word - Means grace or favour rather than from legal right litral meaning of ex-gratia is a relief to the person involved in train accident or untoward incidents as an immediate help to the kith and kin of those died and to the injured on humanitarian grounds, with the sole purpose to perform the last rites for the dead and medical aid to the injured.
Liability of the Railways for granting of this relief to the persons involved in train accident or untoward incident or level crossing gate accidents is given below:
I. Amount of ex-gratia for accidents/untoward incidents as defined U/s 124 and 124-A should be as under :
i.
In case of death
Rs.15000/-
ii.
In case of grievous injury; (irrespective of the period of hospitalization)
Rs.5000/-
Authority - Railway Board letter 93/TC-III/122/1 /Ex.Gratia dated 26.4.96
iii.
In case of simple injury
Rs.500/-
Authority - Letter No. 93/TC/III/122/1/Ex.Gratia dated 21. 08.95.
The amount paid as ex-gratia for train accident/Untoward incident is not to be taken into account at the time of formal claims for compensation.
II. Amount of ex-gratia for manned level crossing gate accident:
i. In case of death
Rs.6000/-
ii. In case of grievous injury; (irrespective of the period of hospitalization)
Rs.2500/-
iii. In case of simple injury
NIL
Authority - Railway Board letter 93 / TC – III / 122/ 1/ Ex.Gratia dated 18.11.99.
Such payments will be counted towards the amount of compensation payable, if action is tenable against the railway under law of torts and an award in actually granted by a Court of Law.
However, before granting ex-gratia relief in such accidents at man level crossing it may be ensured that the accidents has occurred due to prima facie negligence of the railway. (Authority Railway Board’s letter No. 93/TC-III/122/1/ex.gratia dated 14.7.97).
III. No ex-gratia is admissible to the trespassers, person electrocuted and road users at unmanned level crossing.
IV. Ex-gratia is payable to the rail servants killed or injured by the moving train while performing their duty as is payable to the dead or injured passenger during accident. (Authority - Railway Board’s letter No. 93/TC-III/122/1/ex.gratia dated 21.8.95).
V. The Ex-gratia payment should be sanctioned/arranged preferably on the spot by an officer not less than a senior scale nominated by the G.M/Northern Railway after making reasonable inquiry on the spot. (Authority - Railway Board’s letter No. 93/TC-III/122/1/ex.gratia dated 21.8.95).
3. LIABILITY OF THE RAILWAY FOR COMPENSATION
The railway are liable to pay compensation for death/injury of a passenger in train accident as defined under Section 124 of the Railway Act, 1989. similarly the railways are also liable to pay compensation for death/injury to a passenger and platform ticket holder in untoward incidents as defined under section 124-A of the Act, such as terrorist acts violent attach, robbery, dacoity, rioting, shoot out or arson by any person in train or within the precincts of a railway station or accidental falling of a passenger from train.
The procedure for getting ex-gratia, interim relief and compensation for death/injury of a passenger in train accident/untoward incident is as under :-
4. COMPENSATION:
Claims for compensation for death/injury of a passenger in train accident or untoward incident are decided by the Railway Claims Tribunal. An application for compensation may be filed in any of the bench having territorial jurisdiction over the place from which passenger obtains or purchase his pass/ticket or where the accident/or untoward incident occurs or where the place of destination station lies or where the claimant normally resides.
The Tribunal has 21 benches at 18 major cities in the country - (Three benches at Kolkata and two at Delhi).
A list showing headquarters of each Bench of the Railway Claims Tribunal and their territorial jurisdiction with complete postal address and telephone numbers are given in Annexure –I.
5. WHO CAN CLAIM:
An application for compensation under section 124 or 124-A may be made to the Claims Tribunal-
a) by the person who has sustained the injury or suffered any loss, or
b) by any agent duly authorised by such person in this behalf, or
c) where such person is a minor, by his guardian, or
d) where death has resulted from the accident/untoward incident, by any dependant of the deceased or where such a dependent is a minor, by his guardian
Every application by a dependant for compensation under this section shall be for the benefit of every other dependant.
6. PROCEDURE FOR FILING APPLICATION
1. The claimant or his agent or his duly authorized legal practitioner should present the application in Form II (specimen enclosed as Annexure - II) in triplicate to the Registrar of the Tribunal. The application can also be sent by registered post to the Registrar of the Bench concerned.
2. Where the number of respondents is more than one, as many extra copies of the application as there are respondents, together with unused file size envelopes, bearing the full address of such respondents, shall be furnished by the applicant.
3. The applicant may attach to and present with his application receipt slip inform-IV (Specimen enclosed as annexure III) which shall be signed by the officer of the Registrar receiving the application on behalf of the Registrar in acknowledgement.
4. Every application including any miscellaneous application, shall be typed legibly in double space on one side on thick paper of good quality 5
7. FEE FOR FILING CLAIM IN THE TRIBUNAL
No fee is charged for filing accident/untoward incident claim in Railway Claims Tribunal.
8.PARTICULARS REQUIRED FOR FILING CLAIMS IN RAILWAY CLAIMS TRIBUNAL
1. Name and father’s name of the person injured/dead (husband’s name in the case of married woman or widow).
2. Full address of the injured/dead.
3. Age of the person injured/dead.
4. Occupation of the person injured/dead.
5. Name and address of the employer of the deceased, if any.
6. Brief particulars of the accident indicating the date and place of accident and the name of the train involved.
7. Class of travel, and ticket/pass number, to the extent known.
8. Nature of injuries sustained along with medical certificate.
9. Name and address of the Medical Officer/Practitioner, if any, who attended on the injured/dead and period of treatment.
10. Disability for work, if any, caused.
11. Details of the loss of any luggage on account of the accident.
12. Has any claim been lodged with any other authority? If so, particulars thereof.
13. Name and permanent address of the applicant.
14. Local address of the applicant, if any.
15. Relationship with the deceased, injured.
16. Amount of compensation claimed.
17. Where the application is not made one year of the occurrence of the accident, the grounds thereof.
18. Any other information or documentary evidence that may be necessary or helpful in the disposal of the claim.
9. DOCUMENTS WHICH FACILITATE EXPEDITIOUS ADJUDICATION OF CLAIM BY TRIBUNAL:
1. Post mortem report in case of death.
2. Copy of FIR in case of death/injury.
3. Medical report indicating the details of injuries sustained by the passengers.
4. Death certificate from the District Administration in case of death of a passenger.
5. Heirship title, in case of death.
6. Documentary proof of bonafide of the victim/deceased as passenger of the train on the date of accident/untoward incident, if available otherwise indicate class of travel, ticket/pass No. to the extent known.
10. COMPENSATION FOR LOSS OF GOODS OR ANIMALS
i. In case of train accident, compensation for loss, destruction or deterioration of goods or animals shall be paid to such extent as the Claims Tribunal may, in all the circumstances of the case, determine to be reasonable.
ii. In case of untoward incident, compensation for loss, destruction or deterioration of goods or animals is not payable.
11. INTERIM RELIEF BY RAILWAY ADMINISTRATION:
i. where a person who has made an application for compensation desires to be paid interim relief, he may apply to the Railway Administration for payment of interim relief along with a copy of the application made under that section.
ii. Where, on the receipt of an application and after making such inquiry as it may deem fit, the Railway Administration is satisfied that circumstances exist which require relief to be afforded to the applicant immediately, it may, pending determination by the Claims Tribunal of the actual amount of compensation payable under Section 124 or Section 124-A pay to any person who has sustained the injury or suffered any loss, or where death has resulted from the accident, to any dependant of the deceased, such sum as it considers reasonable for affording such relief, so however, that the sum paid shall not exceed the amount of compensation payable at such rates as may be prescribed.
iii. Any sum paid by the Railway Administration as interim relief shall be taken into account by the Claims Tribunal while determining the amount of compensation payable.
12. STEP-WISE ACTION TO BE TAKEN BY THE CLAIMANTS FOR GETTING INTERIM RELIEF UNDER SECTION 126
1. Obtain post martom report in case of death.
2. Obtain a copy of FIR in case of death/injury.
3. Obtain medical report indicating the details of injuries sustained by the passengers.
4. Get the death certificate from the District Administration in case of death of a passenger.
5. Heirship title, in case of death.
6. Documentary proof of bonafied of the victim/deceased as passenger of the train on the date of accident/untoward incident, if available otherwise indicate class of travel, ticket/pass No., to the extent below :
7. File the claim in the bench of RCT having jurisdiction over the place from which passenger obtains or purchase his pass/ticket or where the accident or untoward incident occurs or where the place of destination station lies or where the claimant normally resides.
8. Fill the form for interim relief and attach copies ( 1 to 7) of these documents & submit the same to the Chief Claims Officer of the railway under whose jurisdiction the accident has taken place. The address and telephone No. of CCO, Northern Railway is as under:
Office of the Chief Claims Officer
Northern Railway, Hd.Qrs.Office
NDCR Bldg. State Entry Road,
New Delhi – 110055.
Phone – (O) 23742444
9. If you are not sanctioned interim relief within 15 days from the date of submission of request from the CCO’s office please contact Dy.CCM (Claims) of the Northern Railway for this purpose.
Specimen proforma for grant of interim relief is at Annexure - IV 7
13. SCALE OF COMPENSATION
Amount of compensation in case of death and permanent disability is Rs. 4 lakhs. In case of injuries, the minimum amount is Rs. 32,000/- and the maximum Rs.3.60 lakhs.
The schedule of amount of compensation payable for death/injury of a passenger in train accident/untoward incident is enclosed as annexure VI.
14. COMPENSATION FOR UNSCHEDULED INJURIES:
The amount of compensation payable in respect of any injury other than an injury specified in the schedule resulting in pain and suffering shall be such as the Claims Tribunal may after taking into consideration medical evidence, besides other circumstances of the case, determine to be reasonable.
Provided that if more than one injury is caused by the same accident/untoward incident compensation shall be payable in respect of each such injury.
Provided further that the total compensation in respect of all such injuries shall not exceed Rs.80000/-.
15. PROCEDURE FOR TRANSFER OF CASE FROM ONE BENCH TO THE OTHER BENCH
The claimant may apply to the Chairman Railway Claims Tribunal, 13/15, Mall Road, Delhi –110054 for transferring the case from one bench to another bench .
16. TIME LIMIT FOR FILING CLAIMS FOR TRAIN ACCIDENT/UNTOWARD INCIDENT
The time limit for filing claim in the concerned bench of Railway Claims Tribunal is one year from the date of accident or untoward incident. The Railway Claims Tribunal can, however, waive off this time limit, and entertain the claim if the applicant satisfied the Claims Tribunal that he had sufficient cause for not making the application within such period.
17. RIGHT TO LEGAL REPRESENTATION
A person making an application to the Claims Tribunal may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Claims Tribunal.
18. FREE LEGAL-AID TO THE CLAIMANTS
Railway administration liaise with the State Govt. for providing free legal aid to the prospective claimants. This facility should be availed of by the claimants.
19. ISSUE OF SPECIAL PASSES TO THE CLAIMANTS
Sleeper Class cheque passes from the place of residence to the place of hearing and back are issued by railway administration to the victims/claimants, when attendance of the claimants is ordered by Railway Claims Tribunal in respect of cases falling under Sections 124 and 124-A of the Railways Act, 1989.
20. REVIEW OF DECISION BY RAILWAY CLAIMS TRIBUNAL
Any person considering himself aggrieved by any order of the Tribunal from which no appeal is allowed and who on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to obtain a review of the Order made against him, may apply for review of a final order not being an interlocutory order, to the Tribunal.
Where it appears to the tribunal that there is not sufficient ground for a review, it shall reject the application.
Where the Tribunal is of the opinion that the application for review should be granted, it shall grant the same.
Provided that no such application shall be granted without previous notice to the opposite party to enable him to appear and be heard in support of the order, a review of which is applied for.
21. APPEAL AGAINST THE DECISION OF RAILWAY CLAIMS TRIBUNAL
The Railway Claims Tribunal has the powers of District Court and appeal against its decision lies in the High Court having jurisdiction over the place where the bench is located.
No appeal shall be from an order passed by the Claims Tribunal with the consent of parties.
The appeal should be preferred within a period of ninety days from the date of order appealed against.
22. OFFICERS TO BE CONTACTED IN CASE OF ANY DIFFICULTY
In case, a claimant finds any difficulty in getting ex-gratia, interim relief or wants any assistance in filing of claims application or experience any delay in getting payment after the claim has been decreed by the tribunal, he should contact the following officers who will take an immediate action in the matter :-
S.
No.
Name
Designation
Telephone No.
Postal address
1. Sh.S.S. Negi
C.C.O.
23742444
Office of the Chief Claims Officer, Northern Railway, Hd.Qrs. Office NDCR Bldg., State Entry Road.
New Delhi-110055.
2. Sh.Balkar Singh
Dy.CCM/CL
23744553
Office of the Chief Claims Officer, Northern Railway, Hd.Qrs. Office NDCR Bldg., State Entry Road,
New Delhi-110055.
3. Sh.M.M. Sharma
SCM/Court
23363556
Office of the Chief Claims Officer, Northern Railway, Hd.Qrs. Office NDCR Bldg., State Entry Road.
New Delhi-110055.
LOCATION, ADDRESSES & JURISDICTION OF RAILWAY CLAIMS TRIBUNALS.
S.No
Location
Address
Jurisdiciton
1. Ahmedabad
Hari-Niwas
Char Rasta Mani Nagar Ahmedabad-380008
Ph.0361-2546570,2544150
A) Gujarat
B)Union Territory Of Diu.
2. Bangalore
Ist Floor, Contonment Railway Station,
Bangalore-560046
Ph.080-22260872, 22261395
Karnatka
3. Bhopal
Old Railway Hospital Building, Eastern Railway Colony, Sikandry Sarai Bhopal 462001 (MP)
Ph.0755-2540469,2574615
Madhya Pradesh
4. Bhubaneshwar
Orissa Forest Development Corporation Building-2nd Floor A-84, Kharvela Nagar Bhubaneswar-751001
Ph. 0674 – 2535518.
Orissa.
5. Bombay
180 P, Demello Road 19/T “Wig-Wam’ Mumbai-400001.
Ph.022-22623916.
A) Districts Of Bombay, Thane, Raigad, Pune,Nasik, Ahmednagar,Satara,Ratnagiri,Sindhudurg, Kolhapur, Sangli, Sholapur, Dhule, Aurangabad, Beed Of Maharashtra.
B) Union Territories Of Dadar, Daman & Nagar Haveli.
C) Goa
6. Chandigarh
Kendriya Sadan,
Sec-9 AChandigarh.
Ph. 0172 -2743266
All Districts Of Maharashtra Except Those Included in Item (A) Of (Column 93) Against Serial No.5.
7. Calcutta
2, Espalanade East, Calcutta-700069
Ph.033-22103499
West Bengal, Union Territory of Andaman And Nicobar Islands.
8. Delhi
Railway Claims Tribunal, 13/15, Mall Road,Delhi-110054.
Ph. 011-23972022,
23812022.
Union Territory Of Delhi.
9. Ernakulam
Thottakkat House, Derbar Hall Road,Ernakulam (Cochin)-682016.
Ph. 0484-364683
Kerla, Union Territory Of Lakshadweep.
10. Gorakhpur
Road 16,
Railway HQ complex,
Gorakhpur –273012 U.P.)
Districts Of Gorakhpur, Deoria, Ballia, Gazipur, Azamgarh, Nau, Basti, Sidharthanagar, Mirzapur, Robertsganj, Jaunpur, Faizabad, Gonda, Bahraich, Sultanpur, Pratapgarh, Lakhimpur, Allahabad, Varanasi, Bareilly, Sitapur, Pilibhit, Nanital, Shahjahanpur, Badaun & Hardoi of Uttar Pradesh.
11. Ghaziabad
Near Naya Ghaziabad Stn.,
Ghaziabad.-201001.
Ph . 0575-24716078
Agra, Bulandshahar, Moradabad, Bijnor, Ghaziabad, Haridwar, Aligarh, Dehradun,Sharanpur.
12. Guwahati
Station Road,
Guwahati-781001.
Ph. 0361-46570,544150.
Assam, Sikkim,Mizoram,Arunachal Pradesh, Tripura,Manipur,Meghalaya, Nagaland.
13. Jaipur
D-255 A, Devi Marg, Bani Park,
Jaipur-302016
Ph.01410203224,201880
Rajasthan
14. Lucknow
Pantay Bhawan, 7, Rani Laxmibai Marg,Opp.Begum Hazrat Mahar Park,
Lucknow-226001
Ph.0522-2222441.
All Districts of Uttar Pradesh except those included against
S.N. 10 & 11.
15. Madras
5o,Mc.Nichols Road Chetpet,
Chennai-600031.
Ph.044-26413224
Tamil Nadu And Union Of Territory of Ponicherry.
16. Nagpur
Dr.Sethi’s Bungalow-604-A Byaramji Town, Nagpur-440013.
Ph.0712-520371
All Districts of Maharashtra except those included in item (A) against S.N.5.
17. Patna
Mahendru Ghat, P
Patna – 800004.
Ph.06120-655858,685858
Bihar.
18. Secunderabad
Sounth Lallaguda, Secunderabad –500017.
Phone 040- 27830335.
Andhra Pradesh.
FORM – II
Application under section 16 of the Act in respect of claims for compensation arising out of accident to a train.
PART – I
Title of the case
PART –II
INDEX
S. No.
Description of documents attached
Page No.
1
2
3
4
5
6
7
Signature of claimant
(FOR USE IN TRIBUNAL’S OFFICE)
Date of filing
Or
Date of Receipt by post
Registration No.
Signature for Registrar
12
PART-III
THE RAILWAY CLAIMS TRIBUNAL
_________________________________
_________________________________
1. Name and father’s Name of the person injured / dead (Husband’s name in case of married woman or widow.
………………………………………
………………………………………
………………………………………
2. Full address of the person injured / death & nearest Railway station.
………………………………………
3. Age of the person injured / dead
………………………………………
4. Occupation of the person injured / dead
………………………………………
5. Name & address of the employee of the decease, if any
………………………………………
………………………………………
6. Brief particulars of the accident indicating the date & place of accident & the name of the train involved
………………………………………
………………………………………
………………………………………
7. Class of travel & ticket / pass number, to the extent known
………………………………………
7A. Journey from & Journey to
………………………………………
………………………………………
8. Nature of injuries sustained along with Medical certificate
9. Name & address of medical officer, practitioner, if any, who attended on the injured / dead and period of treatment
………………………………………
………………………………………
………………………………………
10. Disability for work, in any cause
………………………………………
11. Details of the loss of any luggage on account of the accident.
………………………………………
12. Has any claim been lodged with any other authority, if so particulars thereof
………………………………………
………………………………………
13. Name & permanent address of the applicant
………………………………………
14. Local address of the applicant, if any
………………………………………
15. Relationship with the deceased / injured
………………………………………
16. Amount of compensation claim
………………………………………
17. Where the application is not made within one year of the occurence of the accident, the grounds thereof.
………………………………………
………………………………………
………………………………………
18. Any other information of documentary evidence that may be necessary or helpful in the disposal of the claim.
………………………………………
………………………………………
………………………………………
19.
Mention the documents, if any filed alongwith applications.
………………………………………
I, ______________________________________ solemnly declare that:
a) The particulars given above are true and correct to the best of my knowledge; and
b) I have not claimed or obtained any compensation in relation to the injury / death which is the subject matter of this application.
Dated:
Place:
SIGNATURE OR LEFT THUMB IMPRESSION OF THE APPLICANT.
Name of witness and his address in case left thumb impression is put by applicant.
14
VERIFICATION:
I ________________________________( name of the applicant) son / daughter / wife/ widoww of ___________________________________________ age ___________ Residing at _______________________________________________________________ do hereby verify that the contents of paragraphs ___________ to _____________ are true to my personal knowledge & paragraphs ______________ to ________________ are believed to be true to the best of my knowledge or the legal advice given me and that I have not suppressed any material fact.
Dated:
Place:
SIGNATURE OF THE APPLICANT
FULL ADDRESS:
To,
The registrar,
Railway Claims Tribunal,
________________
15
FORM – IV
RECEIPT SLIP NO. ………………………
Received An application filed before the …………………………………….. Bench of the RailwayClaims Tribunal on ………………… by Shri / Kumari / Smt. ……………………
r the Registrar of the
………………. Bench of the
Railway Claims Tribunal.
Date …………………………..
Seal ………………………….
16
SPECIMEN PROFORMA FOR GRANT OF INTERIM RELIEF TO THE CLAIMANT UNDER SECTIN 126 OF THE RAILWAY ACT,1989.
1
Name and father’s Name of the person injured / dead (Husband’s name in case of married woman or widow.
………………………………………
………………………………………
………………………………………
2
Full address of the person injured / dead nearest Railway station.
………………………………………
3
Age of the person injured / dead
………………………………………
4
Occupation of the person injured / dead
………………………………………
5
Name & address of the employee of the decease, if any
………………………………………
………………………………………
6.
Brief particulars of the accident indicating the date & place of accident & the name of the train involved
………………………………………
………………………………………
………………………………………
7. Class of travel & ticket / pass number, to the extent known
………………………………………
8. Documentary proof of bonafide of the victim / deceased person as passenger of the train on the day of accident / untoward incident, if available.
9. Journey from & Journey to
………………………………………
………………………………………
10. Nature of injuries sustained along with Medical certificate
11. Name & address of medical officer, practitioner, if any, who attended on the injured / dead and period of treatment
………………………………………
………………………………………
………………………………………
12. Disability for work, in any cause
………………………………………
13. Name & permanent address of the applicant
………………………………………
14. Local address of the applicant, if any
………………………………………
15. Relationship with the deceased / injured
………………………………………
16. Amount of interim relief claimed
………………………………………
17. Bench of RT where claim has been filed alongwith OA No. & Date.
………………………………………
………………………………………
18. Proof of dependency, if the interim relief is sought by the dependant of the injured / dead passenger
………………………………………
………………………………………
………………………………………
19. Any other information or documentary evidence that may be necessary or helpful in the disposal of the claim for interim relief
………………………………………
20. Mention the documents, if any filed alongwith application
………………………………………
I, ______________________________________ solemnly declare that:
The particulars given above are true and correct to the best of my knowledge and belief.
Dated:
Place:
SIGNATURE OR LEFT THUMB IMPRESSION
OF THE APPLICANT.
Name of witness and his address in case left thum impression is put by applicant.
To,
The registrar,
Railway Claims Tribunal,
________________
(w.e.f. 1.11.1997)
PART – I
For death Rs. 4,00,000/-
PART - II
S. No.
Amount of compensation
(In Rupees)
1. For Death
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 or 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 eye sight is essential
4,00,000
5. For very sever facial disfigurment
4,00,000
6. For absolute deafness
4,00,000
PART - III
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 ¼” 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 4½” 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
80,000
10. For loss of terminal phalanx of thumb
80,000
11. For amputation of both feet resulting in end bearing stumps
3,60,000
12. For amputaton through both feet proximal to the metatarsophalangeal joint
3,20,000
13. For 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 interphalageal joint.
1,20,000
15. For loss of all toes of both feet distal to the proximal interphalangeal joint.
80,000
16. For amputation at hip
3,60,000
17. For amputation below hip with stump exceeding 5” in length measured from tip of great trenchanter but not
3,20,000
beyond middle thigh.
18. For amputation below hip with stump not 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 ½” below knee.
2,40,000
20. For amputation below kee with stump exceeding 3 ½” but not exceeding 5”.
2,00,000
21. Fracture of spine with paraplegia.
2,00,000
22. For amputaton below kee with stumpexceeding 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 emetatarsophalangeal joint.
1,20,000
26. Fracture of spine without paralegia.
1,20,000
27. For loss of vision of one eye without emplications of disfigurement of eye ball, the other being normal.
1,20,000
28. For loss of all toes of one foot through the metatarsophelangeal joint.
80,000
29. Fracture of Hip joint
80,000
30. Fracture of Major bone femur tibia both limbs
80,000
31. Fracture of major bone humerus radius both limbs
60,000
32. Fracture of pelvis not involving joint.
40,000
33. Fracture of Major bone femur tibia one limb
40,000
34. Fracture of Major bone humerus radius Ulna one limb.
32,000