Section 124 deals with the extent of liability of the railway administration in the event of accidents involving passenger trains. It establishes the conditions under which the railway administration is liable to compensate passengers or their dependants for loss or injury resulting from such accidents.
Text of Section 124:
Section 124: Extent of Liability
When, in the course of working a railway, an accident occurs (such as a collision between trains where one is carrying passengers, or the derailment of or any other accident to a train or any part of a train carrying passengers), the railway administration shall be liable to pay compensation for the following, irrespective of any wrongful act, neglect, or default on the part of the administration:
- For the death of a passenger resulting from such an accident.
- For personal injury to passengers caused by such an accident.
- For loss, destruction, damage, or deterioration of goods owned by the passenger and accompanying him in his compartment or on the train, as a result of the accident.
The compensation is to be provided only to the extent prescribed and not beyond that.
Explanation:
For the purposes of this section, “passenger” includes a railway servant on duty.
Key Points of Section 124:
1. Type of Accidents:
- The section applies to accidents that occur during the operation of the railway, specifically collisions between trains or derailments, or other accidents affecting passenger trains.
2. No Need for Wrongful Act or Neglect:
- The railway administration is liable for compensation whether or not there is any wrongful act, neglect, or default on its part that would usually be required for a lawsuit to recover damages. This means that the railway’s liability is strict—it doesn’t matter if the accident was caused by the administration’s fault or due to external factors.
3. Compensation for Various Losses:
- The compensation covers several areas, including:
- Death of passengers due to the accident.
- Personal injury suffered by passengers.
- Loss, destruction, damage, or deterioration of goods carried by the passenger, as long as the goods were accompanying them on the train.
- The section also makes provisions for the extent of compensation, specifying that it will be within the limits prescribed, meaning that specific compensation limits might be established in rules or regulations under the Act.
4. Definition of “Passenger”:
- Passengers include railway servants on duty, ensuring that railway employees injured in the course of their duties while traveling on a train are also entitled to compensation under this provision.
Practical Implications:
1. Railway Administration’s Liability:
- The railway administration is strictly liable for compensating the victims of accidents involving passenger trains, even if it did not act negligently. This guarantees a basic level of compensation to passengers involved in accidents without needing to prove fault.
2. Compensation for Goods:
- If a passenger is carrying goods and the goods are damaged, lost, or destroyed in an accident, the railway is responsible for compensating the passenger for these losses, provided the goods were accompanying the passenger in the compartment or train.
3. No Requirement to Prove Fault:
- The provision simplifies the process for passengers or their dependants by removing the need to prove the railway’s negligence or fault. Instead, the focus is solely on whether the accident occurred during railway operations and resulted in harm or loss.
4. Limitations on Compensation:
- While the railway administration is liable, the amount of compensation is subject to the limits prescribed by the law or the railway’s regulations. These prescribed limits determine the maximum compensation that can be claimed.
Conclusion:
Section 124 of the Railways Act, 1989, establishes the strict liability of the railway administration for accidents involving passenger trains, covering death, personal injury, and loss or damage to goods. It ensures that passengers and their dependants are compensated for such losses, regardless of whether the railway was at fault, with compensation limited to the prescribed amounts. This provision serves as a key protection for passengers and their families in the event of railway accidents.
