Section 124A addresses the compensation payable by the railway administration when an untoward incident occurs in the course of railway operations. It provides compensation for injury or death resulting from such incidents, regardless of whether there was any wrongful act, neglect, or default on the part of the railway.
Text of Section 124A:
Section 124A: Compensation on Account of Untoward Incidents
When, in the course of working a railway, an untoward incident occurs, the railway administration shall be liable to pay compensation for the death or injury of a passenger, irrespective of whether there has been any wrongful act or default by the railway administration. This applies to the extent prescribed by the law.
However, the railway administration will not be liable to pay compensation in cases where the passenger’s death or injury is caused by any of the following:
- Suicide or attempted suicide by the passenger.
- Self-inflicted injury.
- Injury or death resulting from the passenger’s own criminal act.
- Injury or death caused by an act committed by the passenger in a state of intoxication or insanity.
- Injury or death caused by natural causes, a disease, or medical or surgical treatment, unless the treatment becomes necessary due to injury caused by the untoward incident.
Explanation:
For the purpose of this section, the term “passenger” includes:
- A railway servant on duty.
- A person with a valid ticket for travel on a train carrying passengers or a valid platform ticket, who becomes a victim of an untoward incident.
Key Points of Section 124A:
1. Definition of “Untoward Incident”:
- The term “untoward incident” generally refers to incidents such as:
- Terrorist attacks, robbery, riots, arson, or violent attacks on passengers or railway property.
- Accidental falls of passengers from trains.
2. Strict Liability for Compensation:
- The railway administration is strictly liable for providing compensation in the event of an untoward incident, even without proof of negligence or default on its part. This ensures that victims or their dependants are entitled to compensation under any circumstances, as long as the incident is not caused by specific excluded conditions.
3. Exclusions from Liability:
- The railway administration is not liable if the passenger’s injury or death results from:
- Suicide or attempted suicide.
- Self-inflicted injuries.
- Criminal acts or acts under the influence (e.g., intoxication or insanity).
- Natural causes, diseases, or medical/surgical treatment, unless related to an injury caused by the incident.
4. Entitlement of Passengers:
- The section clarifies that the definition of “passenger” includes:
- Railway servants on duty.
- Persons holding valid tickets for travel or platform tickets, who are victims of an untoward incident.
5. Compensation Amount:
- The amount of compensation is to be provided only to the extent prescribed, meaning the compensation is subject to regulations that limit the amount payable by the railway administration.
Practical Implications:
1. Passenger Rights:
- Victims of untoward incidents are entitled to compensation, ensuring that passengers are protected in the event of violent or unforeseen accidents, regardless of whether the railway administration is at fault.
2. Exceptions for Compensation:
- The railway administration’s liability is limited when incidents are self-inflicted or due to criminal or reckless actions by the passenger, such as suicide, intoxication, or criminal activity.
3. Railway Servants and Ticket Holders:
- Railway employees on duty are also covered, and even individuals with platform tickets who become victims of an untoward incident have the right to compensation.
4. Ensuring Fair Compensation:
- This section strikes a balance by ensuring that victims of accidents, even those resulting from violence or unforeseen events, receive compensation, while excluding situations where the passenger’s own actions (e.g., suicide) are the cause of their injury or death.
Conclusion:
Section 124A of the Railways Act, 1989 provides a system of compensation for passengers and their dependants in the event of untoward incidents during railway operations, such as accidents, terrorist acts, and violent attacks. It establishes strict liability for the railway administration, ensuring that victims or their families are compensated, while also providing certain exemptions when the injury or death is caused by the passenger’s own actions (e.g., suicide, criminal acts). This section plays a key role in safeguarding the rights of railway passengers in situations of unforeseen or violent incidents.
