Section 128: Saving as to certain rights

Section 128 of the Railways Act, 1989 clarifies the relationship between the compensation provided under the Act and other compensation schemes or laws, ensuring that a person’s right to claim under the Railways Act does not limit their rights under other compensation schemes, like workers’ compensation or insurance policies. However, it also prevents double claims for the same injury or loss.

Text of Section 128:

Section 128: Saving as to Certain Rights

1. Claiming Compensation Under Multiple Laws:
   • Right to Claim Compensation Under Other Laws:
     • A person’s right to claim compensation under section 124 (for accidents) or section 124A (for untoward incidents) does not affect their right to recover compensation under the Workmen’s Compensation Act, 1923 or any other law currently in force.
     • No Double Claims: A person cannot claim compensation more than once for the same accident under different laws.
2. Compensation from Other Contracts or Insurance:
   • The provision does not affect the right of any person to claim compensation under any contract or scheme (e.g., for death, personal injury, or property damage) or to receive sums from insurance policies.

Key Points of Section 128:

1. Right to Claim Compensation Under Multiple Laws:

• No Conflict with Other Laws: This section allows a person to claim compensation under the Railways Act as well as under other applicable laws like the Workmen’s Compensation Act, 1923, without one affecting the other.

2. Prevention of Double Compensation:

• Although a person can claim compensation under multiple laws, they are not entitled to receive more than one compensation for the same injury or accident. This ensures that the person does not unfairly benefit by claiming multiple compensations for the same event.

3. Rights to Compensation Under Contracts or Insurance:

• This section also preserves the right to claim compensation through contracts or insurance schemes—for instance, a life insurance policy or a personal injury policy—even if the person is also claiming under the Railways Act.

Practical Implications:

1. Ensures Fair Compensation:

• This provision ensures that a person who is injured or suffers a loss due to a railway accident or untoward incident can seek compensation under multiple legal avenues, without one right overriding the other, provided they do not claim the same compensation twice.

2. Prevents Abuse of the System:

• By prohibiting double claims, the law maintains fairness in the compensation system, preventing individuals from exploiting multiple claims for the same injury or event.

3. Flexibility for Claimants:

• Claimants can still benefit from other insurance policies or contractual agreements for compensation related to personal injury or damage to property, even when they are receiving compensation under the Railways Act.

Conclusion:

Section 128 ensures that a person’s ability to claim compensation under the Railways Act is not limited by their right to claim under other laws or agreements. However, it prevents double claims for the same injury or accident, ensuring fairness and protecting against abuse. It also preserves the claimant’s ability to claim compensation through insurance or contractual schemes that may be available.