Eye on upcoming polls, Railways increases ex-gratia relief in train accidents by 10 times

The Union Ministry of Railways has revised the amount of ex-gratia relief to be payable to victims in case of death due to accidents or injury by up to ten times. The amount will be paid to the dependents in case of death or injury to anyone in train accidents. The ex-gratia relief was last revised by the Railway Board in 2012 and 2013.

The long-pending move by the Railways comes ahead of the general elections slated for early next year as well as assembly elections in more than five states. Upcoming assembly elections in Mizoram, Rajasthan, Chhattisgarh, Madhya Pradesh, and Telangana kick off in December 2023 and will continue into 2024 according to the current poll schedule. These assembly elections will be crucial in determining the public mood in the run-up to the Lok Sabha elections. With the bulk of the population in India travelling huge distances by trains, the move by the Railways is likely to work significantly to woo both rural and urban voters ahead of key elections in several states.

Under Section 124 of Railways Act, in case of death earlier Rs 50,000 was liable to be paid by the railway administration. According to a circular issued by the Railway Board on September 18, this amount has been revised upwards to Rs five lakh, for train accidents and accidents at manned level crossings.

In case of grievous injury, this amount has been revised from Rs 25,000 upwards to Rs 2.5 lakh and in case of simple injury from Rs 5,000 to Rs 50,000.

Additionally, in case of an untoward incident, Rs 1.5 lakh will be paid in case of death which was earlier Rs 15,000. Amount for grievous injury has been revised to Rs 50,000 from Rs 5,000 for grievous injury and compensation for a simple injury has been revised from Rs 500 to Rs 5,000. If a passenger dies from suicide or attempted suicide, self-inflicted injury, his own criminal act or any act committed in a state of intoxication or insanity, or a natural cause, disease or medical/surgical treatment then the compensation will not be given.

The circular from the Railways also states that an additional ex-gratia relief in case of hospitalisation of grievously injured passengers beyond thirty days, in case of a train accident Rs 3,000 per day to be released at the end of every ten-day period or date of discharge whichever is earlier. This was earlier Rs 300 per day.

In case of untoward incident, Rs 1,500 per day to be released at the end of every ten-day period or date of discharge, whichever is earlier up to further six months of hospitalisation. This was earlier Rs 1,000 per week for six months and Rs 500 per week for further five months.

Thereafter, Rs 750 per day to be released at the end of every ten-day period or date of discharge, whichever is earlier up to further five months of hospitalisation, the circular says.

The maximum period for which ex-gratia is payable to the grievously injured passenger will be 12 months.

The period of 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 up to period of remaining 11 months. “In case where the injured is taking treatment in a railway hospital, the treatment has to be certified by a railway doctor,” the circular further states.

A maximum amount of up to Rs 50,000 is to be paid in cash as an immediate relief for taking care of initial expenses, remaining amount to be paid by cheque, or online banking.

Ex-gratia payments should be made to railway employees killed or injured by a moving train while performing their duty, for example, a gang man working on track was run over accidentally by a moving train, the circular says. “No ex-gratia relief would be admissible to road users in case of accident at unmanned level crossing, trespassers or persons electrocuted by Overhead Equipment,” the Railway Board has stated.