Section 127 of the Railways Act, 1989 outlines the framework for determining the compensation for injuries and loss of goods in railway-related incidents. The section assigns the responsibility of deciding the amount of compensation to the Claims Tribunal, ensuring that compensation is fairly determined based on the specific circumstances of each case.
Text of Section 127:
Section 127: Determination of Compensation in Respect of Any Injury or Loss of Goods
- Compensation for Injury:
- The Claims Tribunal is responsible for determining the rates of compensation payable in respect of any injury sustained by a passenger or individual.
- This determination will be done subject to the rules that may be prescribed.
- Compensation for Loss of Goods:
- For any loss of goods, the compensation shall be determined by the Claims Tribunal.
- The Tribunal will assess the circumstances of the case to decide what is reasonable compensation for the loss.
Key Points of Section 127:
1. Compensation for Injury:
- The Claims Tribunal is entrusted with the authority to set the rates of compensation for injury claims, ensuring that the compensation is in line with applicable rules and guidelines.
2. Compensation for Loss of Goods:
- In the case of lost goods, the Claims Tribunal evaluates the specific facts and circumstances of each incident to determine a fair and reasonable amount of compensation.
3. Flexibility in Determination:
- The language of the section indicates a flexible approach, particularly with respect to the loss of goods, where the Tribunal has discretion to assess what is reasonable based on the circumstances.
Practical Implications:
1. Fairness and Flexibility:
- The Claims Tribunal‘s role in determining compensation ensures that each case is evaluated on its own merits, allowing for a fair assessment of the damages and losses involved.
2. Rules and Guidelines:
- The rates of compensation for injuries will be determined according to the prescribed rules, which may be subject to change. This ensures consistency in how compensation is calculated, though it also allows for adaptation to new circumstances or considerations.
3. Protection for Goods:
- For loss of goods, this section gives reasonable discretion to the Tribunal, which can consider factors like the nature of the goods, the value, and the specific circumstances surrounding the loss to decide on appropriate compensation.
Conclusion:
Section 127 ensures that compensation for injuries or the loss of goods is determined by the Claims Tribunal in a manner that is fair and reasonable, based on the facts of each case. This section provides the Tribunal with the authority to decide on the rates of compensation for injuries and the appropriate amount for lost goods, allowing flexibility while ensuring fairness for all involved parties.
