Indian Railway Codes and Manuals-Establishment code- Vol-I-Chapter-12 (XII)
Chapter 12
Compensation for
Injuries and Loss of Personal Property
1201. Title
to compensation.--Except as provided in
the Workmen's Compensation Act or in the rules in this Chapter, no railway
servant shall have any claim on Government for compensation for loss of
personal property, or for a disease contacted, or for an injury sustained,
while in the service of the Union from any cause whatsoever; nor, subject to
the same provision shall the family of a railway servant have such a claim in
the event of the latter's death .
1202. Compensation for injuries or death.--Compensation to Railway servants for death or
injuries attributable to and due to Railway service shall be awarded under the
Workmen's Compensation Act, 1923. In cases where the Workmen's Compensation Act
is not applicable, the compensation shall be granted under the Railway Services
Extra-ordinary Pension Rules, as amended from time to time.
1203. Apart
from the compensation under Rules 1201 and 1202, a Railway servant (whether injured
on duty or not) is entitled to reimbursement of expenses incurred on himself
and/ or his family members and/or dependent relatives as defined in Indian
Railways Establishment Code for :-
(a)
Hospitalisation charges including treatment etc. ; in any Railway, Government
or recognised hospital or any other hospital with which arrangements have been
made by the Government for treatment of Government servants; and
(b) The cost of
procurement, renewals, replacements, repairs, adjustment etc. of artificial
limbs and appliances like spinal belt, spinal braces, surgical boots etc.
:
Provided that the expenses on artificial
limbs/appliances etc. shall be reimbursed only when these are certified as
essential by a specialist in the concerned specialty in the Railway hospitals
and the procurement, repairs, renewals, adjustment, replacement, etc. are got
done by the Rehabilitation Department of the Medical Colleges and hospitals,
Artificial Limb Center, Pune and such other centers and organisations
recognised for the purpose by the Central Government or State Governments,
Where, however, under the advice of the Medical Specialists, the artificial
appliance is to be repaired/adjusted, it has to be ensured that the cost of
repairs/ adjustment of appliances is less than the cost of replacement thereof.
The limbs/appliances, reimbursable have been listed in the Indian Railway
Medical Manual.
1204. Compensation for loss of personal property.--(1) Claims to compensation for loss of
personal property shall ordinarily be considered only where-
(a) the exposure
of the property to risk is directly connected with the duties on whit’s the
railway servant is employed at the time, e.g., when the railway servant is
travelling on duty by water or rail and the loss is due to an accident which
occurred in the course of the journey or when the action of an enemy or
insurgents or of raiders or wild tribes on the frontier causes the loss of the
property of a railway servant employed in tho area affected, or
(b) the loss to
property is caused by the action of strikers or rioters and there is no ~
possibility of any claim by the railway servant in his capacity as a private
citizen being entertained by the State Government concerned under any law for
the time being in force, or
(c) the property
lost consisted of necessary equipment which at the time 9f its complete or
partial destruction was in a Government building or other habitation where the
railway servant was obliged to reside for the effective discharge of his
duties, or
(d) the property
is lost in consequence of endeavours on the part of the railway servant to save
the property of Government which was also endangered at the time, or
(e) the
property is destroyed under orders of competent authority:
Provided that no
compensation shall be paid in respect of
(i) losses
due to ordinary thefts, even when accompanied by violence, or
(ii) losses which
are due in any way to negligence or other default on the part of the claimant.
(For instance, when the property is such which, as a matter of ordinary
prudence, the owner of the property could and should have insured. The question
whether the property ought to have been insured is one of fact for the decision
of the sanctioning authority. )
(2) Compensation is
ordinarily not admissible for loss of property due to a cause which is entirely
an "act of God".
1205. When
anyone of the conditions in rule 1204 is satisfied, compensation may be granted
to the railway servant, as an act of grace and, at the discretion of the
competent sanctioning authority, up to the value of the necessaries lost by
him. The value of the property lost must, for the purposes of assessment of
compensation, be taken at the value the articles would have realized if
sold at the time of loss and not at the cost of replacing them by new articles.
Note.--The question whether the articles lost are
"necessaries" within the weaning of this rule will be determined by
the sanctioning authority with reference to the railway servant's personal
standing and circumstances.
1206. When
animals are destroyed by order of competent authority to prevent the spread of
infectious or contagious disease, payment of compensation not exceeding the
amount payable to a private person in similar circumstances may be
sanctioned.
1207. Except as otherwise provided in this chapter or in the
schedules of powers of the various authorities, the grant of compensation under
the rules in this chapter shall require the previous sanction of the President.
* * *
Multiple choice questions:
1.Under which Act is compensation
for death or injuries attributable to Railway service awarded?
- a) The Payment of Wages Act
- b) The Workmen's Compensation Act, 1923
- c) The Indian Railways Act
- d) The Industrial Disputes Act
Answer: b) The Workmen's Compensation Act, 1923
2.Which rules apply for
compensation when the Workmen's Compensation Act is not applicable?
- a) General Insurance Rules
- b) Provident Fund Rules
- c) Railway Services Extraordinary Pension Rules
- d) Gratuity Rules
Answer: c) Railway Services Extraordinary Pension Rules
3.What type of expenses are
railway servants entitled to reimbursement for, apart from compensation?
- a) Funeral expenses
- b) Hospitalization charges and artificial limbs
- c) Travel allowances
- d) Educational expenses
Answer: b) Hospitalization charges and artificial limbs
4.Which of the following is NOT
covered for reimbursement under artificial limbs and appliances?
- a) Spinal belt
- b) Surgical boots
- c) Dental braces
- d) Spinal braces
Answer: c) Dental braces
5.Who certifies the necessity of
artificial limbs/appliances for reimbursement?
- a) General Practitioner
- b) Railway employee's supervisor
- c) Specialist in the concerned specialty in Railway
hospitals
- d) State Government official
Answer: c) Specialist in the concerned specialty in Railway hospitals
6.Under what condition is
compensation for the loss of personal property ordinarily considered?
- a) If the property was lost during a casual leave
- b) If the loss is directly connected with the duties of
the railway servant
- c) If the property was insured
- d) If the property was lost due to an act of God
Answer: b) If the loss is directly connected with the duties of the railway servant
7.What is the condition for
compensation when property is lost due to strikers or rioters?
- a) The loss must be minor
- b) The railway servant must have acted negligently
- c) There should be no possibility of claiming
compensation from the State Government
- d) The property must be insured
Answer: c) There should be no possibility of claiming compensation from the State Government
8.Which of the following losses
is NOT eligible for compensation?
- a) Loss due to ordinary thefts, even when accompanied
by violence
- b) Loss due to the destruction of property under
competent authority orders
- c) Loss caused by the action of strikers
- d) Loss during an official duty journey
Answer: a) Loss due to ordinary thefts, even when accompanied by violence
9.Which of the following is a
condition where compensation for loss of property is NOT ordinarily admissible?
- a) Loss due to an act of negligence by the railway
servant
- b) Loss caused by the action of insurgents
- c) Loss during travel by water
- d) Loss of property in a Government building due to
duty
Answer: a) Loss due to an act of negligence by the railway servant
10.When can compensation be
granted to a railway servant as an act of grace?
- a) Only if the loss exceeds Rs. 10,000
- b) When the railway servant takes legal action
- c) If the conditions in rule 1204 are satisfied
- d) Only after the sanction of the President
Answer: c) If the conditions in rule 1204 are satisfied
11.What is the basis for the
assessment of compensation for lost property?
- a) The replacement cost of new articles
- b) The original purchase price of the property
- c) The value of the articles if sold at the time of
loss
- d) The cost of similar items in the market
Answer: c) The value of the articles if sold at the time of loss
12.Who determines whether the
articles lost are "necessaries"?
- a) The railway servant
- b) The insurance company
- c) The sanctioning authority
- d) The department head
Answer: c) The sanctioning authority
13.What is the maximum
compensation payable when animals are destroyed to prevent the spread of
disease?
- a) Market value of the animals
- b) Fixed amount as per Government policy
- c) Compensation equal to what a private person would
receive in similar circumstances
- d) No compensation is provided
Answer: c) Compensation equal to what a private person would receive in similar circumstances
14.Who must sanction the grant of
compensation under these rules if not otherwise provided?
- a) General Manager
- b) Divisional Railway Manager
- c) The President
- d) Railway Board
Answer: c) The President.
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