Section 109: Railway administration against which application for compensation for personal injury is to be filed

Section 109 of The Railways Act, 1989 outlines the process for filing an application for compensation for personal injury or loss of life of a passenger in the event of an accident or injury during railway travel. It specifies the railway administration to which such a claim can be directed for compensation.

Text of Section 109:

“An application before the Claims Tribunal for compensation for the loss of life or personal injury to a passenger, may be instituted against,–
(a) the railway administration from which the passenger obtained his pass or purchased his ticket, or
(b) the railway administration on whose railway the destination station lies or the loss or personal injury occurred.”

Detailed Explanation:

1. Filing for Compensation for Personal Injury or Loss of Life:
   • This section applies to passengers who have suffered personal injury or loss of life due to incidents occurring during their journey by train.
   • The Claims Tribunal is the designated forum for filing compensation claims in such cases. The injured passenger (or their legal representative) can approach the Claims Tribunal for a claim for compensation.
2. Railway Administrations Involved in the Claim:
   • According to Section 109, there are two options for filing the claim, and the claimant can choose to file the application with either:
     (a) The Railway Administration from Which the Passenger Obtained the Ticket:
     • This refers to the railway administration where the passenger purchased their ticket or obtained their pass. This could be the station where the passenger started their journey or the rail operator that issued the ticket.
     • For instance, if a passenger bought their ticket from a particular railway operator (say, Indian Railways), they could file the compensation application with that operator.
   • (b) The Railway Administration on Whose Railway the Destination Station Lies or the Incident Occurred:
     • This refers to the railway administration responsible for the destination station or the place where the injury or loss of life occurred.
     • If a passenger was injured at the destination station or due to an incident that occurred at a certain location on the journey, the railway administration operating that part of the route or station would be responsible for the claim.
3. Legal Flexibility for Claimants:
   • The section provides the claimant with the option to file the application against either of the two railway administrations. This flexibility allows the claimant to approach the railway administration that is most convenient or appropriate based on where the incident occurred or where the ticket was purchased.

Practical Implications:

1. For Injured Passengers or Their Representatives:
   • Claimants have two options: They can file the compensation application against either the railway from which they purchased the ticket or the railway administration in whose jurisdiction the incident occurred. This ensures that the injured party can pursue a claim based on where they experienced the injury or loss.
   • Jurisdiction: The provision of two possible railway administrations gives flexibility to ensure that the claimant is not unduly restricted by jurisdictional issues and can proceed with the claim efficiently.
2. For Railway Administrations:
   • Railway administrations should be aware of the possible claims against them either based on where the ticket was purchased or where the injury occurred. This can require coordination between different railway administrations if the incident spans more than one railway zone or operator.
   • The administration against whom the application is filed will be responsible for addressing the claim and ensuring compensation is provided if the claim is valid.
3. For Legal Professionals:
   • Choice of Filing: Lawyers representing passengers should advise clients on the best course of action, including determining which railway administration is most appropriate for filing the compensation claim.
   • Documentation: Legal representatives must ensure that all relevant documentation, such as the ticket/pass, details of the injury, and incident location, is provided to support the compensation claim.

Conclusion:

Section 109 of The Railways Act, 1989 provides clarity on the jurisdiction for filing a compensation application in case of personal injury or loss of life of a passenger. It offers two avenues for the claimant to file a claim—either with the railway administration that issued the ticket or the railway administration operating the station where the injury occurred. This section ensures that passengers have flexibility in seeking compensation while maintaining a clear legal process for both claimants and railway administrations.