Thursday, August 7, 2014

Union Government to amend Railways Act,1989

DC | MANISH ANAND | August 07, 2014,
Picture used for representational purpose. (Photo: PTI/File)
Picture used for representational purpose. (Photo: PTI/File)
New Delhi: At a time when the railways is grappling with a large number of deaths on its tracks, the Centre is seeking to amend the Indian Railways Act, 1989 to protect itself from paying compensations to dependents of victims and injured. 
 
The draft of the amendment Bill for the Indian Railways Act seeks to put the onus on the victims to prove that they had taken “reasonable care and precaution to avoid” occurrence of fatal or grievous accidents. 
 
“The objective of the amendment Bill is to ensure cases of accidental falling is categorised separately to enable railways to ensure its liability, when there is fault on its part and non-payment when there is no fault on its part in such accidents,” the draft note states.
 
It is seen as an attempt of the railways to stay clear from paying financial compensation to victims who die on rail tracks.
 
The draft note maintains that “most of the cases of the accidental falling arise due to of negligence, carelessness and misadventure on the part of the passengers, while entraining or detraining a moving train, knowing that any accident may take place.”
 
The note also maintains that the options for filing of claims are being misused and claims against different railways are filed for the same loss or injury.

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