CLAIMS

 

ABOUT ACCIDENT COMPENSATION CLAIMS

 

In order to expedite Accident Compensation Claims, Railway Claims Tribunals (RCTs) have been set up at 18 locations in India in 1989.

 

Next kin of deceased passengers and injured passengers can file their claims before the RCT having jurisdiction over the place of accident. A specimen of the application form in which the claim for compensation has to be filed can be downloaded from the website. With the relevant enclosures, this is required to be sent to the RCT having jurisdiction over the place of accident. For instance, for the recent accident between two passenger carrying trains at Gaisal (dt. 2.8.99), compensation claims will have to be filed before the Calcutta Bench of the RCT. Railways provide emergent relief to passengers by way of 'ex-gratia' at the accident site itself or at the hospital where the injured are admitted. The following ex-gratia amounts are admissible presently:

 

Amount

 

In case of death Rs.15, 000/- In case of grievous injury Rs.5, 000/- In case of simple injury Rs.500/- Prospective claimants have to register a claim within one year of the date of the accident/untoward incident. Passengers who have sustained injuries or any dependant of theirs can file a claim on their behalf. Next of kin of deceased passengers who are dependent on them can file a claim on their behalf. There is a provision for claimants to get the cases transferred from one bench to another citing proximity of residence or any other reason as a cause. An application addressed to the Chairman/RCT Main Bench shall assist transfers.

 

The maximum liability of the Railway in a train- accident is Rs.4, 00, 000/- in case of death. In case of injuries, the compensation payable ranges from Rs.32, 000/- to Rs.3, 60, 000/- depending on the gravity of the injury sustained. The setting up of the RCTs has helped expedite finalisation of cases. What ordinarily used to take 3-4 years in civil courts, is now finalised in about seven months.

 

 

JURISDICTION OF THE RAILWAY CLAIMS TRIBUNAL (RCT) BENCHES

 

Sr. No

Headquarters of the Bench of the Railway Claims Tribunal

Territorial jurisdiction of the Bench

1.

Ahmedabad

Gujarat,  Union Territory of Diu.

2.

Bangalore

Karnataka

3.

Bhopal

Madhya Pradesh

4.

Bhubaneswar

Orissa

5.

Bombay

(i)Districts of Bombay,  Thane,  Raigad,  Pune,  Nasik,  Ahmednagar,  Satara,  Ratnagiri,  Sindhudurg,  Kohlapur,  Sangli,  Solapur,  Dhule,  Aurangabad,  Beed of Maharashtra. (ii)Union Territories of Dadra,  Daman and Nagar Haveli. (iii)Goa.

6.

Nagpur

All Districts of Maharashtra except those included in item ( i ) of Column (3) against serial number 5.

7.

Chandigarh

Punjab,  Haryana,  Himachal Pradesh,  Jammu and Kashmir and Union Territory of Chandigarh.

8.

Calcutta (3)

West Bengal,  Union Territory of Andaman and Nicobar Islands.

9.

Guwahati

Assam,  Sikkim,  Mizoram,  Arunachal Pradesh,  Tripura,  Manipur,  Meghalaya,  Nagaland.

10.

Ernakulam

Kerala,  Union Territory of Lakshwadeep.

11.

Gorakhpur

Districts of Gorakhpur,  Deoria, Ballia,  Gazipur,  Azamgarh,  Mau,  Basti,  Siddarthanagar,  Mirzapur,  Robertsganj,  Jaunpur,  Faizabad,  Gonda,  Behraich,  Sultanpur,  Pratapgarh,  Allahabad, Varanasi,  Pilibhit of Uttar Pradesh.

12.

Ghaziabad

Districts of Agra,  Bulandhshahar,  Moradabad,  Bijnore,  Mathura,  Ghaziabad,  Haridwar,  Aligarh,  Dehradun,  Saharanpur of Uttarpradesh.

13.

Lucknow

All Districts of Uttar Pradesh except those included in column (3) against serial numbers 11 and 12.

14.

Jaipur

Rajasthan

15.

New Delhi (2)

Union Territory of Delhi.

16.

Patna

Bihar

17.

Madras

Tamil Nadu and Union Territory of Pondicherry.

18.

Secunderabad

Andhra Pradesh.

 

PLACE OF FILING OF APPLICATION

 

As per amendment made in the Rule 8 of the Railway Claims Tribunal (Procedure) Rules 1989 in application for compensation can be filed in any one of the bench of the Railway Claims Tribunal having Territorial jurisdiction over

 

a)                  the place where accident/Untoward incident occurred, OR

b)                  the place from where the passenger obtains/purchases his ticket, OR

c)                  the place where the destination station lies, OR

d)                  the place where the claimant normally resides