Around 22 benches of the Railway claims Tribunal have been set up at different parts of the country to decide the application for compensation.
The liability of Railways in the event of a train accident has been defined under Section 124 of the Railways Act, 1989. It provides that when in the course of working a railway, an accident occurs, being either a collision between trains, where one train is 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, a passenger who has been injured or has suffered a loss would be entitled to maintain an action and recover damages in this respect.
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.
The Railway administration under Section 124-A of the Railways Act, 1989 is liable to pay compensation for loss of life or injury to Bonafide rail passengers, who become victims of untoward incidents such as terrorist acts, violent attack, robbery, dacoity, rioting, shoot-out or arson by any persons in or on any train carrying passengers, waiting hall, cloak room, reservation or booking office, platform, any place within the precincts of a railway station or the accidental falling of any passenger from a train carrying passengers. The date from which claim to compensation is accrued under this section, is the date of the incident.
