THE RAILWAYS ACT, 1989 – Chapter XIII – Section 124(B)

124(B). Compensation on Account of Accidental Falling
When in the course of working a railway, an incident of accidental falling occurs, 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 passenger who has been injured or the dependent of a passenger who has been killed to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, for the time being in force, be liable to pay compensation to such extent as may be prescribed and to that extent only, for loss occasioned by the death of, or injury to, a passenger as a result of such accidental falling;
Provided that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to:-

(a) Suicide or attempted suicide by him;
(b) Self-inflicted injury;
(c) His own criminal act;
(d) His own carelessness or negligence;
Provided that for the purposes of this clause, it may be established and proved by the passenger or on his behalf that he had taken reasonable care and precaution to avoid occurrence of such incident;
(e) Any act committed by him in a state of intoxication or insanity.

Forward reference⇒ Section 125

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