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Ex-gratia Payments Policy

 

Government of India
Ministry of Railways
(Railway Board)

No.2002/TC-III/28/3                                                                                                                                                                New Delhi. Dated 12-06-02

The General Managers,
All Zonal Railways.

OSDs, New Railway Zones.

Sub:- Relief to persons involved in train accidents, untoward Incidents or manned level crossing gate accidents - Ex-gratia payment to victims.

Liability of the Railways for grant of ex-gratia relief to the persons involved in train accidents or untoward incidents as defined under Sections 124 and 124-A of the Railways Act, 1989 or in the case of level crossing gate accidents have been advised through various policy letters issued from this directorate. It is desired that the latest consolidated instructions o­n this issue, reiterated below, should be made available to the concerned officers in the Divisions, besides every Commercial Controller, Divisional Safety Officer & Chief Controllers of each division o­n your Railway:-

I. Amount of ex-gratia for train accidents/ untoward incidents

Authority

The amount paid as ex-gratia relief payable to the dependents of dead or injured passengers involved in train accidents or untoward incidents as defined under Sections 124 and 124-A should be as under:- 
(i) In case of death : Rs. 15,000/-Letter No. 93/TC-III/122/1/Ex-gratia dated 26-04-1996.
(ii) In case of grievous injury :Rs. 5,000/-Letter No.93/TC-III/ (Irrespective of the period 122/1/ex-gratia dated of hospitalisation) 26-04-1996.
(iii) In case of simple injuries :Rs. 500/- Letter No.93/TC-III/122/1/ex-gratia dated 21-08-1995.

The amount paid as ex-gratia for train accidents/untoward incidents 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 accidents

Authority

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 accidents will be as under:- 
(i) In case of death :Rs. 6,000/-Letter No. 93/TC-III/122/1/ex-gratia dated 18-11-99.
(ii) In case of grievous injury :Rs. 2,500/- 
(iii) In case of simple injury : Nil 

Such payments will be counted towards the amount of compensation payable, if action is tenable against the Railways under the Law of Torts and an award in actually granted by a Court of Law.

III. Ex-gratia for trespassers, persons electrocuted by OHE and road users at unmanned level crossing

Authority

No ex-gratia payment would be admissible to the trespassers, persons electrocuted by OHE and road users at unmanned level crossings.Letter No. 93/TC- III/122/1/ex-gratia/ dated 21-08-1995.
IV. Ex-gratia payment for railway servants killed or injured by a moving train while performing their duty

Authority

Ex-gratia payment should also be made to railway servants killed or injured by a moving train while performing their duty for example, gangman working o­n track run-over accidentally by a moving train. Letter No. 93/TC-III/122/1/ex-gratia/ dated 21-8-1995.
V. Manner of arranging ex-gratia to the victims

Authority

Payment should be sanctioned / arranged/ preferably o­n the spot by a senior scale or higher officer nominated by the General Manager after making such enquiries as can be reasonable made o­n the spot after the immediate needs by way of medical attendance etc. to injured persons are attended to.Letter No. 93/TC-III/122/1/ex-gratia/ dated 21-08-1995.

Receipt of letter may be acknowledged and action taken in the matter advised within 15 days.

A copy each of the letters referred to above are enclosed herewith for your ready reference.

Hindi version will follow.

(Rajni Hasija)
Jt.Director, Traffic Comml (Claims),
Railway Board.

Note : (a) The instructions at I (i) & (ii) above were issued with the approval of the Associate Finance of Board's Office and were reiterated vide Board's letter No.93/TC-III/122/1/Ex-gratia dt.14-7-1997.

(b) The instructions at I (iii)& III to V above were issued with the approval of the Associate Finance of Board's Office and were reiterated vide Board's letter No.93/TC-III/122/1/Ex-gratia dt.14-7-1997.

(c) The amount of ex-gratia to be paid for manned level crossing gate accidents as contained in Board's letter No. 93/TC-III/122/1/Ex-gratia dated 21-8-95, reiterated vide Board's letter No. 93/TC-III/122/1/Ex-gratia dated 14-7-97 have been superseded vide Board's letter No. 93/TC-III/122/1/Ex-gratia dated 18-11-99 with the approval of Associate Finance of Board's Office.




Source : Ministry of Railways (Railway Board) CMS Team Last Reviewed on: 12-02-2011  


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