Ministry of Railways has decided to revise the amount of ex-gratia relief to be paid to the dependents of dead and injured passengers involved in Train Accidents and Untoward Incidents as defined under Section 123 read with Section 124 and 124-A of the Railways Act, 1989 and to the road users who met with an accident due to Railway’s prima facie liability at Manned Level Crossing Gate Accident. The revised rates and compiled instructions are as below:
Amount of Ex-gratia for Train Accidents, Untoward Incidents and Manned Level Crossing Gate Accidents
| Type of accident | Amount of ex-gratia for Death | Amount of ex-gratia for Grievous Injury | Amount of ex-gratia for Simple Injury | |
| 1. | Train Accident (as defined1) under Section 124 of theRailways Act, 1989) | Rs. 5,00,000/(Rupees Five lakhonly) | Rs. 2,50,000/(Rupees Two lakhFifty thousand only) | Rs. 50,000/(Rupees FiftyThousand only) |
| 2. | Untoward Incident (asdefined under Section 124-Aof the Railways Act, 1989) | Rs. 1,50,000/(Rupees One lakhFifty Thousandonly) | Rs. 50,000/(Rupees FiftyThousand only) | Rs. 5,000/(Rupees FiveThousand only) |
| 3. | Accident atManned Level Crossing(due to Railway’s prima facie liability) | Rs. 5,00,000/(Rupees Five lakhonly) | Rs. 2,50,000/(Rupees Two lakhFifty thousand only) | Rs. 50,000/(Rupees FiftyThousand only) |
This ex-gratia relief will be exclusively for passengers who are grievously injured in train accidents or untoward incidents as defined under Section 123, read with Section 124/124-A, of the Railways Act, 1989.
The period for treatment as indoor patient for more than 30 days would need to be certified by a Railway Doctor for the purpose of further ex-gratia payment upto the period of remaining 11 months. In case where the injured is taking treatment in other than Railway hospital, the treatment has to be certified by Railway Doctor.
Maximum amount of upto Rs. 50,000/- to be paid in cash as an immediate relief for taking care of initial expenses. Remaining amount to be paid by Account Payee Cheque/RTGS/NEFT/Any other online payment mode. Railways may disburse the entire amount of ex-gratia/enhanced ex-gratia by Account Payee Cheque/RTGS/NEFT/Any other online payment mode, if deemed appropriate.
No ex-gratia relief would be admissible to road users in case of accident at Unmanned Level Crossing, trespassers, persons electrocuted by OHE (Over Head Equipment). Ex-gratia payment in case of train accidents and untoward incidents are not to be taken into account at the time of final claim for compensation the amount of ex-gratia relief admissible to road users, who meet with an accident due to Railway’s prima facie liability at Manned Level Crossing Gate Accident, will be counted towards the amount of compensation payable, if action is tenable against the Railways under the Law of Torts and an award is actually granted by Court of Law.
Ex-gratia payments should also be made to railway servants killed or injured by a moving train while performing their duty, for example, gang man working on track run over accidentally by a moving train. Payments should be sanctioned/arranged preferably on the spot by a Senior Scale Officer nominated by the General Manager after making such enquiries as, can be reasonably made on the spot after the immediate needs by way of medical attendance etc. to injured persons are attended to.
