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.