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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 85] NEW DELHI, MONDAY, FEBRUARY 25, 1974/PHALGUNA 6, 1895

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF RAILWAYS

(Railway Board)

NOTIFICATION

New Delhi, the 23rd February, 1974

RAILWAY ACCIDENTS (COMPENSATION) AMENDMENT RULES, 1974

S.O. 119(E).—In exercise of the powers conferred by section 82J of the Indian Railways Act, 1890 (9 of 1890), the Central Government hereby makes the following rules further to amend the Railway Accidents (Compensation) Rules, 1950, namely :—

1. Short title and commencement.—(1) These rules may be called the Railway Accidents (Compensation) Amendment Rules, 1974.

(2) They shall be deemed to have come into force on the 14th day of December, 1973.

2. Amendment of rule 2.—In the Railway Accidents (Compensation) Rules, 1950 (hereinafter referred to as the principal rules), in rule 2,—

(a) clause (a) shall be relettered as clause (aa) and before the clause as so reletterred, the following clause shall be inserted, namely :— '(a) " accidents " means an accident of the nature described in section 82A of the Indi Railways Act, 1890 (9 of 1890);'

(b) clauses (c), (d), (dd), (e) and (ee) shall be omitted.

3. Amendment of rule 4.—In rule 4 of the principal rules, the following explanation shall be inserted at the end, namely:—

"Explanation—For the purposes of this rule,—

(a) an accident shall be deemed to be a major accident if the Central Government, by order published in the Official Gazette, declares the accident (having regard to its conse- quences) to be a major accident or if according to the report of the accident made

(261)

to the Central Government by the Railway Administration concerned, the numbet, of passengers dying as a result of the accident exceeds ten or the total number of passen- gers dying or sustaining injuries of the nature specified in the Schedule as a result of the accident, exceeds twenty;

(6) an accident which is not a major accident within the meaning of clause (a) shall be deemed to be a minor accident. "

4. Substitution of rulos 6 and 7.—For rules 6 and 7 of the principal rules, the following rules shall be substituted, namely :•—

"6. A m o u nt of compensation.—(1) The amount of compensation payable in respec of death or injuries shall be as specified in the Schedule.

(2) The amount of compensation payable for an injury not specified in Part II of the Schedule but which, in the opinion of the Claims Commissioner, is such as to deprive a person of all capacity to do any wort;, shall be rupees fifty thousand.

(3") The amount of compensation payable in respect of any injury[—other than an injury specified in the Schedule or referred to in sub-rule (2)] resulting in pain and suffering shall be such as the Claims Commissioner may, in all the circumstances of the case, determine to be reasonable :

Provided that such compensation shall in no case exceed rupees ten thousand.

(4) Where more than one injury is caused by the same accident, compensation shall be payable in respect of each injury ;

Provided that where compensation has been paid for injury which is less than the amount which would have been payable as compensation if the injure person had died and the person subsequently dies as a result of the injury, a further com- pensation equal to the difference between the amount payable for death and that already paid shall become' payable.

(5) Compensation for loss, destruction or deterioration of goods or animals shall be paid to such extent as the Commissioner may, in all the circumstances of the case, determine to be reasonable.

7. L i m it of compensation,—Notwithstanding anything contained in rule 6, the total compensation payable under that rule shall in no case exceed rupees fifty thousand in respect of any one person."

5. Amendment of rule n.—In rule 11 of the principal rules, in sub-rule (1), clause (iv~) shall be omitted.

6. Substitution of Schedule.—For the Schedule to the principal Rules, the following Schedule shall be substituted, namely :—

T HE SCHEDULE

(See Rule 6)

Compensation Payable for Death and Injuries

Amount of

compensa- tion

Rs.

PART I

For death • - - . . . . . . . .. 50,000

PART II

(i) For loss of both hands or amputation at higher sites • 50,000

(ii) For loss of hand and a foot • •

50,000

(iii) For double amputation through leg or thigh or amputation through

leg or thigh on one side and loss of other foot . . .. 50,000 (iv) For loss of sight to such an extent as to render the claimant unable

to perform any work for which eye sight is essential • • • 50,000

(v) For every severe facial disfigurement

50,000

(vij For absolute deafness . . . . . . .. 50,000

Amount

of

compensa-

tion

R B.

PART III

1. For amputation through shoulder joint . . . . .. 45,000 2. For amputation below shoulder with stump less than 8* from tip of

acromion . . . . . . . . . .. 40,000 3. For amputation from 8' from tip of acromion to less than 4 1/2"

below tip of olecranon . . . . . . . .. 35,000 4. For loss of a hand or of the thumb and four fingers of one hand or ampu-

tation from 4 1/2* below tip of olec anon

30,000 5 For loss of thumb . . . . . . . , ., 15,000 6 For loss of thumb and ita motacarpal bone . . . . .. 20,000 7 For loss of four fingers of one hand

25,000 8 For loss of three fingers of one hand . . . . . .. 15,000 9 For loss of two fingers of one hand . . . . . .. 10,000 10 For loss of terminal phalanx of thumb

10,000 11 For amputation of both feet resulting in end-boaring stumps . . . 45,000

12 For amputation through both feet proximal to the rmtctarse-phalangeal

joint

40,000

13 For loss of all toes of both feet through the mctatarso-phalungcal

joint

20,000

14 For loss of all toes of both feet proximal to the proximal inter-phalangeal

joint

15,000

15 For loss of all toes of both feet distal to the proximal inter-phalangeal

joint . . . . . . . . . . .. 10,000

16 For amputation at hip . . . . . . . .. 45,000

17 For amputaton below hip w i th stump not exceeding 5 ' in length measured

from tip of great trenchantcr . . . . . . .. 40,000 18 For amputation below hip with slump exceeding 5* in length measured

from tip of great Ircnchsnter but not b t j o nd mir'c.le thigh , . . 353ooo

19 For amputation below middle thigh to 31* below knee . , , 30,000

20 For amputation below knee with stump exceeding 3J" but not

exceeding 5"

25,000

21 For amputation below knee with stump exceeding 5* . .. 20,000

22 For amputation of one foot resulting in end-bearing . . .. 15,000

23 For amputation through one foot proximal to the metatarso-phalangeal,

joint

15,000 24 For loss of all toes of one foot thiough the mctatarso-phalangeal

[joint

10,000

25 For loss of one eye, without complications, the other bcirig normal . 20,000

26 For loss of vision of one eye, without complications or disfigurement of

eye-ball, the other being normal . . . . .. 15,000 7. Saving.— Notwithstanding anything contained in these rules, the provisions of the princ- pal rules as they stood before the commencement of these rules, shall apply for determining the amount of compensation payable for loss occasioned by the death of a passenger dying as a result of an accident which occurred before such commencement and for personal injury and loss, dea- truction or deterioration of animals or goods owned by the passenger and accompanying the passenger in his compartment or on the train, sustained as a result of sucli accident.

EXPLANATORY MEMORANDUM

The Indian Railways (Second Amendment) Act, 1973, which amende^ section 82A of the Indian Railways ACT, 1899, to increase the liability of taiiway administration in respect of accidents to trains carrying passengers, came into force on the 14th December, 1973. The amendment Act also contained a provision for amendment of section 82jof the principal Act 30 as to enable the Central Government to make suitable rules to carry out the amended provisions of section 82A of the principal Act. In view of this it is considered necessary that the amendment rules should also be brought into force from the i^th of December J973- The provisions contained in the rules are for the benefit of the claimants in relation to a railway accident, and, as such no one will be u,"fv~rsely affected-

[No. 73-TGII/iO26/33/Or.-:inance]

A. L. GUPTA,

Secretary, Railway Board.

PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PHESS, MINTO ROAD, NEW 0EV. ID AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 74