Railways Act,1989
Act No : 24
Section :
Extent of liability.
124. Extent of liability.- When in the course of working a railway, an accident occurs, being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or has suffered a loss to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction, damage or deterioration of goods owned by the passenger and accompanying him in his compartment or on the train, sustained as a result of such accident. Explanation.--For the purposes of this section "passenger" includes a railway servant on duty. 2*[124A. When in the course of working a railway an untoward incident acccurs, then whether or not there has been any wrongful act, neglaect or default on the part of the railway administration such as would entitle a passenger who has been injured or the department of a passenger who has been killed to maintain an action and recover damages in respect thereof, the the railway administation shall. notwithstanding anything contained in any other law, be liable to pay compensaation to such extent as may be prescribed and to that extent only of loss occassioned by the death of, or injury to, a passenger as a result of such untoward incident: Provided that no compensation shall be payble under this section by the railway administration if the passenger dies or suffers injury due to- (a) suicide or attempted suicide by him; (b) self-infficented injury; (c) his own criminal act; (d) any act aommitted by him in a state of intoxication or insanity; (e) any natural cause or desese or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident. Explanation.- For the purpose of this section, "passenger" includes- (i) a railway servent on duty; and (ii) a person who has purchased a valid ticket for travelling, by a train carrying passengers, on any date or a valid platform ticket and becomes a victim of an untword incident.]
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