Section 123: Definitions

Section 123 provides important definitions relevant to the liability of railway administration for death and injury to passengers due to accidents. This section outlines key terms that are crucial for understanding the legal framework in cases where passengers are harmed or killed due to railway accidents.

Text of Section 123:

Section 123: Definitions

In this Chapter, unless the context otherwise requires:

• (a) “Accident” means an accident of the nature described in Section 124 (which deals with the liability of the railway administration for accidents resulting in death or injury to passengers).
• (b) “Dependant” refers to any of the following relatives of a deceased passenger:
  1. The wife, husband, son, and daughter; and if the deceased passenger is unmarried or a minor, their parent.
  2. The parent, minor brother, or unmarried sister, widowed sister, widowed daughter-in-law, and a minor child of a pre-deceased son, if wholly or partly dependent on the deceased passenger.
  3. A minor child of a pre-deceased daughter, if wholly dependent on the deceased passenger.
  4. The paternal grandparent, if wholly dependent on the deceased passenger.
• (c) “Untoward incident” means:
  1. (i) The commission of a terrorist act as defined under section 3(1) of the Terrorist and Disruptive Activities (Prevention) Act, 1987.
  2. (ii) The making of a violent attack, the commission of robbery or dacoity.
  3. (iii) The indulging in rioting, shoot-out, or arson by any person in or on any train carrying passengers, or in any waiting hall, cloakroom, or reservation or booking office, or on any platform or in any other place within the precincts of a railway station.
  4. The accidental falling of any passenger from a train carrying passengers.

Explanation of Key Terms:

1. “Accident”:

• An “accident” refers to any event described in Section 124, which outlines circumstances leading to the death or injury of passengers due to railway operations. This section creates the foundation for the railway administration’s liability.

2. “Dependant”:

• A dependant is defined broadly, including a variety of family members who were financially dependent on the deceased passenger. These relatives are eligible to claim compensation if the passenger dies due to an accident or untoward incident. The list includes immediate family members, minor children of deceased children, and even grandparents if they were dependent on the deceased.

3. “Untoward Incident”:

• Untoward incidents encompass a wide range of events that can cause harm or death to passengers. These include:
  • Acts of terrorism or violent attacks on trains or railway stations.
  • Serious crimes such as robbery, dacoity, rioting, shoot-outs, and arson occurring within the railway premises.
  • Accidental falls from trains carrying passengers, which could result in injury or death.

The definition of untoward incident underlines the railway administration’s liability for injuries or death caused by these types of events. It clarifies that such incidents, whether caused by criminal acts or accidents, fall under the scope of liability for the railway administration.

Importance of Section 123:

1. Clear Liability Framework:
   • This section sets the stage for determining who qualifies for compensation in the event of a railway-related accident or untoward incident. By identifying who is a dependant, it helps establish who can claim for damages or compensation.
2. Comprehensive Definition of “Untoward Incident”:
   • The term “untoward incident” covers a wide variety of circumstances that could harm passengers, which includes not only accidents but also criminal acts and violent incidents on trains and railway stations. This expands the scope of the railway administration’s responsibility to ensure passenger safety in such scenarios.
3. Protection for Vulnerable Family Members:
   • By identifying various categories of dependants, Section 123 ensures that family members who were dependent on the deceased can receive compensation, thereby safeguarding their financial well-being after the loss of a loved one.
4. Key for Legal Proceedings:
   • These definitions are foundational for claims tribunals and other legal processes, helping courts determine the liability of the railway administration in the event of passenger deaths or injuries.

Practical Implications:

1. For Railway Administrations:
   • This section outlines the extent of the railway administration’s liability in cases of accidents, making it clear that it is responsible not only for accidents but also for incidents caused by violent acts. The railway must take measures to prevent such events.
2. For Legal Professionals:
   • Legal professionals will use the definitions provided in Section 123 to establish the eligibility of dependants to file compensation claims. It also aids in identifying the nature of incidents for which compensation can be claimed.
3. For Victims and Families:
   • The dependants of deceased passengers are entitled to claim compensation, and understanding the terms under this section ensures they are aware of their rights and who qualifies as a dependant.

Conclusion:

Section 123 of the Railways Act, 1989, is a crucial part of the legal framework that determines the liability of railway administrations for incidents leading to passenger death or injury. It defines important terms such as accident, dependant, and untoward incident, ensuring clarity and fairness in the compensation process. This section helps protect passengers and their families, particularly in cases of violent incidents or unforeseen accidents, and sets out the procedures for establishing liability and compensation claims.