Railways Act, 1989
124A. Compensation on account of untoward incidents.
When in the course of working a railway an untoward incident
occurs, then whether or not there has been any wrongful act, neglect or default
on the part of the railway administration such as would entitle a passenger who
has been injured or the dependant of a passenger who has been killed to
maintain an action and recover damages in respect thereof, the railway
administration shall, notwithstanding anything contained in any other law, be
liable to pay compensation to such extent as may be prescribed and to that
extent only for loss occasioned by the death of, or injury to, a passenger as a
result of such untoward incident.
Provided that no compensation shall be payable under
this section by the railway administration if the passenger dies or suffers
injury due to-
(a) suicide or attempted suicide by him;
(b) self-inflicted injury;
(c) his own criminal act;
(d) any act committed by him in a state of intoxication or
insanity;
(e) any natural cause or disease or medical or surgical
treatment unless such treatment becomes necessary due to injury caused by the
said untoward incident.
Explanation.- For the purposes of this section,
"passenger" includes-
(i) a railway servant on duty; and
(ii) a person who has purchased a valid ticket for traveling, by
a train carrying passengers, on any date or a valid platform ticket and becomes
a victim of an untoward incident.]