Procedure in Railway Claim

An accident (Section 124) or untoward incident (Section 124A) occurs to a train carrying passengers, resulting in death, injury, or loss/damage to luggage.

The application may be filed before the RCT Bench having jurisdiction over any of the following, at the claimant’s option:

•      The place where the accident/incident occurred

•      The place where the claimant resides

•      The place where the railway administration against which the claim is made has its headquarters

The claim is filed in the prescribed Form AA under Rule 8 of the RCT Procedure Rules, along with supporting documents (FIR, panchnama, post-mortem/medical records, heirship proof, income proof, etc.).

•      Limitation: to be filed within 1 year from the date of the accident/incident (condonable for sufficient cause under Section 17)

•      No court fee is payable for death or personal injury claims

•      Vakalatnama to be filed if represented by an advocate

On scrutiny, the Tribunal registers the application and issues notice to the Union of India / railway administration (through the General Manager or authorised officer) calling for a written statement.

The railway administration files its written statement contesting or admitting the claim, often raising issues such as non-bona fide passenger status, contributory negligence, or the proviso exclusions under Section 124A (suicide, self-inflicted injury, own criminal act, intoxication).

The Tribunal (comprising a Judicial Member and/or Technical/Administrative Member) frames issues for determination — typically: whether the claimant was a bona fide passenger, whether an accident/untoward incident occurred, and the quantum of compensation payable.

Parties lead evidence, generally by affidavit in lieu of examination-in-chief, followed by cross-examination. Documentary evidence (tickets, FIR, post-mortem report, medical records, income proof) is exhibited. The Tribunal is not bound by the strict rules of the Evidence Act and follows a summary procedure.

Counsel for both sides advance oral arguments, often supplemented with written submissions and citations of precedent (e.g., on bona fide passenger status or quantum of compensation).

The Tribunal pronounces its award, either allowing the claim (with compensation as per the notified Schedule, or as assessed for injury/loss cases) or dismissing it. The award is treated as a decree and is executable.

On the award becoming final, the railway administration deposits/pays the awarded amount, generally with interest as directed, within the time specified by the Tribunal.

Any party aggrieved by the Tribunal’s award may file an appeal before the jurisdictional High Court under Section 23 of the RCT Act, within 90 days of the award (extendable for sufficient cause).