Section 126 of the Railways Act, 1989 provides for the possibility of interim relief to individuals who have applied for compensation under Section 125, in cases where they need immediate assistance pending the determination of the actual compensation amount by the Claims Tribunal.
Text of Section 126:
Section 126: Interim Relief by Railway Administration
- Application for Interim Relief:
- A person who has made an application for compensation under section 125 may apply to the railway administration for interim relief.
- The application should be made along with a copy of the original application for compensation filed under section 125.
- Payment of Interim Relief:
- Upon receiving the application, the railway administration may conduct an inquiry and, if it finds the circumstances warrant, may pay an interim sum to the applicant.
- The interim relief is paid to the person who has sustained an injury or suffered a loss or to the dependant of a deceased passenger.
- The sum paid as interim relief will be reasonable, based on the circumstances, but shall not exceed the amount that would be payable as compensation, as prescribed by law.
- Notification to Claims Tribunal:
- After making the order for interim relief, the railway administration must send a copy of the order to the Claims Tribunal as soon as possible.
- Adjustment of Interim Relief:
- Any sum paid as interim relief will be taken into account by the Claims Tribunal when determining the final amount of compensation payable to the applicant.
Key Points of Section 126:
1. Interim Relief Process:
- The section allows a person who has applied for compensation under Section 125 to request interim relief (advance compensation) from the railway administration while the Claims Tribunal is determining the actual compensation.
2. Inquiry by Railway Administration:
- The railway administration will assess whether immediate relief is necessary, considering the circumstances, and will provide a reasonable sum to the claimant, provided it doesn’t exceed the compensation to be determined later by the Tribunal.
3. Notification to the Claims Tribunal:
- Once interim relief is granted, the railway administration must inform the Claims Tribunal, ensuring the Tribunal is aware of any payments made before a final decision is reached.
4. Adjustment of Interim Relief:
- The Claims Tribunal will consider any interim relief payments when determining the final compensation amount, ensuring that the claimant does not receive more than the total entitlement.
Practical Implications:
1. Quick Financial Assistance:
- This provision provides a mechanism for immediate financial relief to victims or their dependants who have applied for compensation, reducing their financial hardship while waiting for the final compensation determination.
2. Fairness in Compensation:
- Since interim relief is taken into account in the final compensation amount, there is no risk of overcompensation, and the system ensures that the claimant’s overall entitlement is fairly determined by the Tribunal.
3. Relief Process:
- The railway administration plays a key role in ensuring that the victim receives timely support, without needing to wait for the lengthy process of the Claims Tribunal. This could help victims with immediate medical expenses, funeral costs, or other urgent needs.
Conclusion:
Section 126 of the Railways Act, 1989 ensures that individuals who have applied for compensation due to injury or death resulting from a railway accident (or untoward incident) can receive interim relief to meet immediate financial needs. The section provides a fair process for determining and paying interim sums, and ensures that these payments are considered by the Claims Tribunal when determining the final compensation. This helps alleviate the burden on victims or their dependants while they wait for the formal resolution of their claims.
