Section 125 of the Railways Act, 1989 outlines the procedure for applying for compensation under Section 124 (regarding compensation for injury or death from railway accidents) or Section 124A (compensation for injury or death due to untoward incidents).
Text of Section 125:
Section 125: Application for Compensation
- Who can apply for compensation: An application for compensation under section 124 or section 124A may be made to the Claims Tribunal by the following persons:
- (a) The person who has sustained injury or suffered any loss directly due to the accident or untoward incident.
- (b) Any agent duly authorized by the injured or loss-sustaining person to apply on their behalf.
- (c) In case the injured person is a minor, the application can be made by their guardian.
- (d) If death has resulted from the accident or untoward incident, the application can be made by any dependant of the deceased. If the dependant is a minor, the application must be made by their guardian.
- Benefit for all dependants:
- Every application made by a dependant for compensation under this section is for the benefit of all other dependants of the deceased passenger.
Key Points of Section 125:
1. Persons Entitled to Apply for Compensation:
- The injured person themselves, or their authorized agent, can apply for compensation.
- In case the injured person is a minor, their guardian can apply on their behalf.
- If the injury results in death, any dependant of the deceased can apply, and if the dependant is a minor, their guardian can file the application.
2. Application by Dependants:
- If the deceased passenger had dependants, the application for compensation will benefit all the dependants.
- A dependant is typically a family member who relied on the deceased for financial or emotional support, such as a spouse, child, or parent.
3. Claims Tribunal:
- The application for compensation must be made to the Claims Tribunal, which will adjudicate the compensation claims for railway accidents or untoward incidents.
Practical Implications:
1. Wide Access to Compensation:
- This provision ensures that a wide range of individuals, including minors, guardians, and dependants, can claim compensation, making the process inclusive and accessible for those who may not be able to apply themselves due to age or incapacity.
2. Beneficiaries of the Application:
- The application for compensation by a dependant ensures that all other dependants of the deceased will benefit, meaning that the compensation is shared among those who were financially reliant on the deceased.
3. Role of the Guardian:
- For minors or those who are unable to apply on their own due to disability, the guardian acts as a representative to apply for compensation, ensuring that the rights of vulnerable individuals are protected.
Conclusion:
Section 125 of the Railways Act, 1989 ensures that victims of railway accidents or untoward incidents, and their dependants, can apply for compensation through the Claims Tribunal. The section recognizes that certain individuals, such as minors or dependants, may need a guardian to represent them in the application process. The compensation application made by a dependant is also intended to benefit all other dependants of the deceased, ensuring fair distribution.
