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Report No. 85

Appendix 1

Extract from The Indian Railways Act, 1890

82A. Liability of railway administration in respect of accident to trains carrying passengers:-

(1) When in the course of working a railway an accident occurs, being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, 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 person who has been injured or has suffered loss to maintain an action and recover damages in respect thereof, the Railway administration shall, notwithstanding any other provision of law to the contrary, be liable to pay compensation to the extent set out in sub-section (2) and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident and for personal injury and loss, destruction 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 such accident.

(2) The liability of a railway administration under this section shall in no case exceed fifty thousand rupees in respect of any one person.1

1. See Amending Act 45 of 1973.

Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back

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