How it is calculated — fixed, not income-based

Compensation under Sections 124 and 124A is paid as a fixed sum prescribed under the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, framed by the Central Government under Section 129 of the Railways Act, 1989, as amended in 2017. This is a critical difference from Motor Vehicles Act claims, which use an income-based multiplier method. Under these Rules, the amount for death or permanent total disablement — currently ₹8,00,000 — is the same regardless of the victim’s income, age, or earning capacity.


Statutory reference

Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, issued under Section 129, Railways Act, 1989 — read with Sections 124 and 124A, as amended in 2017. The Rules carry a Schedule in two parts:

      Part I — fixes the compensation amount for death and for permanent total disablement

      Part II — a percentage table applied to the Part I amount, for listed permanent partial disablements (e.g. loss of a limb, an eye, or hearing)

As per the 2017 amendment, the compensation for death and permanent total disablement was doubled from the earlier amount to ₹8,00,000 (Rupees eight lakh).

Confirm the exact notification number and date (GSR reference) before citing this figure in pleadings or arguments — the amount above is stated per client-side confirmation and should be cross-checked against the official Gazette text.


Heads of compensation

Head of claim

Basis of compensation

Notes

Death

₹8,00,000 (fixed, post-2017 amendment)

Same for all claimants regardless of the deceased’s income

Permanent total disablement

₹8,00,000 — equal to the death-level amount

Assessed on medical evidence of total incapacity

Permanent partial disablement

Percentage of ₹8,00,000, per nature of injury

E.g. loss of a limb, eye, or hearing — percentage fixed by Schedule

Grievous / simple hurt

Lower fixed slabs under the Schedule

Well below the death/PTD figure

Loss/damage to luggage or goods

Actual or declared value, not a fixed schedule sum

Proof of value and loss required


Death and permanent total disablement — Part I

      Both are compensated at the same fixed amount — ₹8,00,000, as fixed under Part I of the Schedule following the 2017 amendment, doubling the earlier amount

      No requirement to prove loss of income, dependency ratio, or future earnings

      The fixed sum is meant to provide swift, certain relief rather than an individualised assessment


Permanent partial disablement — Part II

      Compensation is a percentage of the ₹8,00,000 Part I amount, as fixed under Part II of the Schedule

      The percentage is tied to the specific injury — for example, loss of a limb, an eye, or hearing carries a defined percentage under the Schedule

      Medical evidence of the nature and extent of disablement is essential to identify the correct percentage entry


Grievous and simple hurt

Injuries that do not amount to permanent disablement are compensated at lower fixed slabs under the Schedule, considerably less than the death or PTD figure. The exact slab depends on the nature and severity of the injury as classified.


Loss of luggage or goods

Unlike personal injury/death claims, compensation for loss, destruction, or damage to a passenger’s luggage or goods is not a fixed schedule sum — it is assessed based on actual or declared value, requiring proof of ownership and value.