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)

262

THE GAZETTE OP INDIA EXTRAORDINARY

[PART II—

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. "

Substitution of rulos 6 and 7.—For rules 6 and 7 of the principal rules, the following

rules shall be substituted,

namely :•—

"6.

Amount 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

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. Limit 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 :—

THE

SCHEDULE

(See Rule 6)

Compensation Payable for Death and Injuries

Amount

compensa-

tion

Rs.

PART

For death

•

50,000

PART

(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

SEC. 3(ii)]

THE GAZETTE OF INDIA EXTRAORDINARY

263

Amount

compensa-

tion

RB.

PART

III

For amputation through shoulder joint

45,000

For amputation

below shoulder with stump less than

from tip

acromion

40,000

For amputation

from

from tip of acromion to less than 4 1/2"

below tip of olecranon

35,000

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

For loss of thumb

15,000

For loss of thumb and ita motacarpal bone

20,000

For loss of four fingers of one hand

25,000

For loss of three fingers of one hand

15,000

For loss of two fingers of one hand

10,000

For loss of terminal phalanx of thumb

10,000

For amputation of both feet resulting in end-boaring stumps .

45,000

For

amputation through both feet proximal to the rmtctarse-phalangeal

joint

40,000

For

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

joint

20,000

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

joint

15,000

For

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

joint

10,000

For amputation at hip

45,000

For amputaton below hip with stump not exceeding 5'in length measured

from tip of great trenchantcr

40,000

For amputation below hip with slump exceeding 5* in length measured

from tip of great Ircnchsnter but not btjond mir'c.le thigh

353ooo

For amputation below middle thigh to 31* below knee

30,000

For

amputation below knee

with stump

exceeding 3J"

but

not

exceeding

25,000

For amputation below knee with stump exceeding 5*

20,000

For amputation of one foot resulting in end-bearing

15,000

For amputation

through one foot proximal to the metatarso-phalangeal,

joint

15,000

For

loss

all

toes

of one

foot thiough the mctatarso-phalangeal

[joint

10,000

For loss of one eye, without

complications, the other bcirig normal

20,000

For

loss of vision of one eye, without complications or disfigurement

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.