THE RAILWAYS ACT, 1989 – Chapter XIII – Section 123
Chapter XIII
Liability of Railway Administration for Death and Injury to Passengers Due to Accidents
123. Definitions
In this Chapter, unless the context otherwise requires:-
(a) “Accident” means an accident of the nature described in section 124;
(aa) “Accidental falling” means accidental falling of any passenger from a train carrying passengers but does not include:-
(i) A passenger falling from a train while entering or leaving or attempting to enter or leave any carriage while the train is in motion, or elsewhere than at the side of the carriage adjoining the platform, or other place appointed by the railway administration for passengers to enter or leave the carriage, or while standing near the door or opens the door of any carriage while the train is in motion; or
(ii) A person who violates the provisions of section 153 or section 154; or
(iii) Any passenger or any other person referred to in section 156;
(b) “Dependent” means any of the following relatives of a deceased passenger, namely:—
(i) The wife, husband, son and daughter, and in case the deceased passenger is unmarried or is a minor, his parent;
(ii) The parent, minor brother or unmarried sister, widowed sister, widowed daughter-in-law and a minor child of a pre-deceased son, if dependent wholly or partly on the deceased passenger;
(iii) A minor child of a pre-deceased daughter, if wholly dependent on the deceased passenger;
(iv) The paternal grandparent wholly dependent on the deceased passenger;
(c) “Untoward incident” means:-
(1) (i) The commission of a terrorist act within the meaning of sub-section (1) of section (3) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or
(ii) The making of a violent attack or the commission of robbery or dacoity; or
(iii) The indulging in rioting, shoot-out or arson,
by any person in or on any train carrying passengers, or in a waiting hall, cloak room or reservation or booking office or on any platform or in any other place within the precincts of a railway station; or
(2) The accidental falling of any passenger from a train carrying passengers.
Forward reference⇒ Section 124