Geeta Devi v. Union of India

(ii) Rs. 50,000/- may be released immediately and the remaining amount of Rs. 5,00,000/- may be kept in 50 fixed deposits of Rs. 10,000/- each, in the name of the Claimant(s), for the period of one month to 50 months respectively, with cumulative interest. 4.4.[4] RCT shall impose the following conditions with respect to the fixed deposits:- (a) The Bank shall not permit any joint name(s) to be added in the savings bank account or fixed deposit accounts of the Claimant(s) i.e. the savings bank account(s) of the Claimant(s) shall be an individual savings bank account(s) and not a joint account(s). 2019:DHC:5792 FAO 22/2015 (b) The original fixed deposit shall be retained by the bank in safe custody. However, the statement containing FDR number, FDR amount, date of maturity and maturity amount shall be furnished by bank to the Claimant(s).

(c) The monthly interest be created by Electronic Clearing

(d) The maturity amounts of the FDR(s) be credited by

Electronic Clearing System (ECS) in the savings bank account of the Claimant(s) near the place of their residence. (e) No loan, advance, withdrawal or pre-mature discharge be allowed on the fixed deposits without permission of the Court. (f) The concerned bank shall not issue any cheque book and/or debit card to the Claimant(s). However, in case the debit card and/or cheque book have already been issued, bank shall cancel the same before the disbursement of the award amount. The bank shall debit card(s) freeze the account of the Claimant(s) so that no debit card be issued in respect of the account of the Claimant(s) from any other branch of the bank. (g) The bank shall make an endorsement on the passbook of the Claimant(s) to the effect that no cheque book and/or debit card have been issued and shall not be issued without the permission of the Court and Claimant(s) shall produce the passbook with the necessary endorsement before the Court on the next date fixed for compliance. 2019:DHC:5792 FAO 22/2015 (h) It is clarified that the endorsement made by the bank along with the duly signed and stamped by the bank official on the passbook(s) of the Claimant(s) is sufficient compliance of clause (g) above. (k) The concerned Bank of the claimant(s) be directed to permit the claimant to withdraw money from his savings bank account by means of a withdrawal form only. 4.4.[5] RCT shall fix a date for reporting compliance

(i) RCT shall fix a date for reporting compliance, preferably within 90 days of the award itself.

(ii) Railway shall place on record the proof of deposit of the award amount with up to date interest along with a calculation sheet.

(iii) Upon such proof being filed, RCT shall ensure that the interest up to the date of notice of deposit has been deposited by the party concerned. 4.4.[6] In Rajesh Tyagi v. Jaibir Singh, FAO 842/2003, this Court vide order dated 15th December, 2017 issued notice to Indian Banks’ Association to formulate a special scheme for disbursement of the compensation amount to the victims of road accidents. 4.4.[7] On 18th April, 2018, the working group of Indian Banks’ Association, in pursuance to the aforesaid directions, finalized a Scheme named Motor Accident Claims Tribunal Annuity Deposit (MACAD Scheme) for disbursement of the compensation amount to the victims of road accidents. 4.4.[8] On 01st May, 2018, this Court approved the MACAD Scheme and directed the Banks to implement the said Scheme within a period of six 2019:DHC:5792 FAO 22/2015 weeks. Relevant portion of the order dated 1st May, 2018 in Rajesh Tyagi (supra) is reproduced hereunder: “Mr. Lalit Bhasin, learned counsel for Indian Bank Association has handed over the copy of the minutes of meeting of the working group held on 18th April, 2018 which is taken on record. As per the said minutes, the working group has finalized the Scheme named as Motor Accident Claims Tribunal Annuity Deposit (MACAD) to implement the directions of this Court. The Motor Accident Claims Tribunal Annuity Deposit (MACAD) Scheme recorded in the minutes of meeting is approved. Let the same be implemented within a period of six weeks from today. The Banks shall develop a software/system as well as other operative documents to implement the Scheme in its true letter and spirit and the same be placed before this Court on the next date of hearing.” 4.4.[9] The following 21 banks have implemented MACAD Scheme approved by this Court on 01st May, 2018:

(i) State Bank of India

(ii) Punjab National Bank

(iii) UCO Bank

(iv) Bank of Baroda

(v) Allahabad Bank

(vi) Oriental Bank of Commerce

(vii) IDBI Bank

(viii) Indian Overseas Bank

(ix) Andhra Bank

(x) Bank of India

(xi) Punjab & Sind Bank

(xii) Bank of Maharashtra

(xiii) Canara Bank

(xiv) Central Bank of India

(xv) Syndicate Bank

(xvi) Corporation Bank

(xvii) Dena Bank

(xviii) Union Bank of India

(xix) United Bank of India

(xx) Indian Bank

(xxi) Vijaya Bank

4.4.10 All the aforesaid 21 banks are directed to extend the MACAD Scheme to the victims of the untoward incident of Railways. 4.4.11 The Railway Claim Tribunals may disburse the award amount to the claimants through MACAD Scheme formulated by this Court in Rajesh Tyagi (supra). The Railway Claim Tribunals shall send the copy of the disbursement order by e-mail to the Nodal Officer of the concerned bank who shall ensure the disbursement by the bank within three weeks of the receipt of the e-mail. The particulars of the Nodal Officers of 21 banks is as under: S.No. Name of Bank Name & Designation of the Nodal Officer Contact Details Other details

1. Allahabad Bank Mr. Amit Chaudhari Asst. General Manager amit.chaudhari@allahabadbank.in Allahabad Bank, 14 India Exchange Place, 3rd Floor, Kolkata-700001

2. Andhra Bank Mr. Shaik Hussain, Deputy General Manager 040-23252362/23252357/ 040eco@andhrabank.co.in shaikhussain@andhrabank.co.in 5-9-11, Pattabhi Bhavan, Head Office, Andhra Bank, Saifabad, Hyderabad 500004

3. Bank of Baroda Mr. Vikas Tiwari vikas.tiwari@bankofbaroda.co.in Liabilities & Deposit Mobilisation, Bank of Baroda, 8th Floor, Baroda Sun Tower, Bank of Baroda, Bandra Kurla Complex, Bandra (East) Mumbai 400051

4. Bank of India Mr. Manmohan Singh Sikka, 0896894689/022-66684529 Sikka.Manmohan@bankofindia.co.in Bank of India, Star House 1, Resource Mobilisation 2019:DHC:5792 FAO 22/2015 Asst. General Manager Headoffice.Retail@bankofindia.co.in Dept., C-5 G Block, Bandra Kurla Complex, Mumbai-

5. Bank of Maharashtra Mr. Abhishek Dubey, Senior Manager 020-25614215/07000976349 dgmpln@mahabank.co.in Planning Dept. Bank of Maharashtra, Central Office, Lokmangal, 1501, Shivaji Nagar, Pune-

6. Canara Bank Mr.Anant Jalonha, Assistant General Manager 080-22130046/ 22110556 anantjalonha@canarabank.com Retail Liabilities Section, Marketing & Retail Resources Wing, HO Annexe, 113/1 Jeevan Prakash Bldg, J.C. Road, Bengaluru-560002

7. Central Bank of India Mr. R.S. Raman, Asst. General Manager 022-22617896/09962024300 lawoper@centralbank.co.in agmoper@centralbank.co.in Operations Department Central Office, Central Bank of India, 2nd Floor, MMO Building, Opp. Mumbai High Court, M.G. Road, Fort, Mumbai-400023.

8. Corporation Bank Mr. Sunil Kumar Jadli Assistant General Manager 09148790189/0824-2861350 skjadli@corpbank.co.in Resources Mobilisation Division, Head Office Corporation Bank, Mangaladevi Temple Road, Mangalore, Karnataka.

9. Dena Bank Mr. V K Sardana, Asst. General Manager 022 26545362 sardanavk@denabank.co.in Resource Mobilisation Dept., 3rd Floor, Dena Corporate Centre, C-10, G Block, Bandra Kurla Complex, Bandra East, Mumbai 400051

10. IDBI Bank Ltd Mr. Darsh Mehta 022-66552424 idbicspd@idbi.co.in CSP Dept., IDBI Bank, IDBI Tower, WTC Complex, Cuffe Parade, Mumbai-400005.

11. Indian Bank Ms. D Uma, Chief Manager 044-28134508/09884543083 hodevelopment@indianbank.co.in Corporate Office, 254- 260, Avvai, Shanmugam Salai Royapettah, Chennai-600014. 2019:DHC:5792 FAO 22/2015 uma.d@indianbank.co.in

12. Indian Overseas Bank Mr. Shameer. S, Chief Manager 044-2851963[5] shameers@iobnet.co.in Planning Dept., Central Office, Indian Overseas Bank, Planning Dept., Central Office, 762, Anna Salai, Chennai-600002

13. Oriental Bank of India Mr.Praveen Guglani, Deputy General Manager 9599958489/0124-4126957 pguglani@obc.co.in

14. Punjab & Sind Bank Mr.S. Sagarjeet Singh, Senior Regional Manager sagarjeetsingh10@gmail.com

15. Punjab National Bank Mr.Sujit Kumar Negi, Chief Manager 011-28044516 rbd@pnb.co.in, negi_sujit@pnb.co.in Corporate Office, Retail Banking Division, 4th Floor, East Wing, Plot No.4, Sector-10, Dwarka, New Delhi-110075

16. State Bank of India Mr.Rajan Singh, Assistant General Manager 022-22741336/9414048606 agmlima1@sbi.co.in Personal Banking Business Unit (LIMA), 13th Floor, State Bank Bhawan, Madame Cama Road, Nariman Point, Mumbai-400021

17. Syndicate Bank Ms. Celine Santiago, Asst. Gen. Manager 011-23381435/09968309298 Ro2@syndicatebank.co.in Syndicate Bank, Regional Office-II, Sarojini House, 6, Bhagawandas Road, New Delhi

18. UCO Bank Mr. A K Jain, Asst. General Manager 033-44559091/44557328 Hopdev.calcutta@ucobank.co.in Strategic Planning Dept. Head Office, UCO Bank, 2nd Floor, 10, BTM Sarani, Kolkatta-700001

19. Union Bank of India Mr. Rajat Panda, Chief Manager 022-22896656 Rajat.panda@unionbankofindia.com PBOD, Central Office, 239, Vidhan Bhavan Marg, Nariman Point Mumbai-400001 2019:DHC:5792 FAO 22/2015

20. United Bank of India Mr.Mushque Raza, Asst. General Manager 9874069766/ (033) 22482471 agmretail@unitedbank.co.in United Bank of India, United Tower, 11, Hemanta Basu Sarani, Kolkata – 700 001

21. Vijaya Bank Mr. Venkatesh Setty Y, Deputy General Manager 080-25584215/09810547582 venkateshsettyy@vijayabank.co.in Planning & Development Department, 7th Floor, Vijaya Bank, Head Office, 41/2, Trinity Circle, Bangalore-560001 Amendment to the Railways Act

5. The suggestions of this Court with respect to the amendment of Section 123 and 124A of the Railways Act, 1989 shall be considered separately at a later stage. Conclusion:

6. The Railway Claims Tribunal (Procedure) Rules, 1989 have been amended by incorporating Rule 5(3), Rule 2A and Rule 3 which has been notified on 16th August, 2019 and the same be implemented forthwith.

7. Railway (Notices of and Inquiries into Accidents) Rules, 1998 have been amended by incorporating Rule 9A which has been notified on 19th August, 2019 and the same be implemented forthwith.

8. All applications for compensation for death/injury for accident/untoward incident shall be in the format attached hereto as Annexure A-1 and the same be implemented w.e.f. 1st January, 2020.

9. The Railway Passengers (Manner of Investigation of Untoward Incident) Rules, 2003 with the modifications approved hereinabove along with the approved Form - 1 and Form - 2 and the approved DAR annexed hereto as Annexure A-2, A-3, A-4 and A-5 respectively, be notified within 2019:DHC:5792 FAO 22/2015 four weeks and the same be implemented from 01st January, 2020.

10. Rule 5 (1),(2),(3) & (4) of Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, as mentioned in paras 4.[1] and 4.[3] above, be notified within four weeks and the same be implemented with effect from 01st January, 2020. Rule 5 as mentioned in paras 4.[1] and 4.[3] above are reproduced here for sake of convenience: “Rule 5: Mode of payment—(1) The Tribunal may, in order to protect the sum awarded to the claimant, having due regard to the illiteracy or other disabling factors impairing the judicious use of such sum, issue directions for disbursing the award in terms of annuities, fixed deposits or other suitable mode as shall subserve justice. (2) If any of the claimants is a minor or person of unsound mind, the Tribunal may give liberty to the guardian ad litem to use the interest accruals on the deposit that shall be made during the minority for maintenance. (3) Nothing in this Rule shall limit the power of the Tribunal to make modifications of the mode of disbursal for reasons to be stated in writing depending on the exigencies requiring liquidation of any corpus created for annuity or premature closure of fixed deposit, for the benefit of the claimant. (4) The orders dated 21st April, 2017, 24th May, 2019 and 06th November, 2019 relating to disbursement of compensation shall be read as part of this rule.”

11. The orders dated 21st April, 2017, 24th May, 2019 and 19th July, 2019 are modified to the above extent. The copies of the orders dated 21st April, 2017, 24th May, 2019 and MACAD Scheme are annexed hereto as Annexure A-6, A-7 and A-8 respectively.

12. The application is allowed in the above terms.

13. List for reporting compliance on 24th January, 2020.

14. The Railway Claims Tribunal shall circulate the order dated 24th May, 2019:DHC:5792 FAO 22/2015 2019 and 6th November 2019 to all Benches of Railways Claims Tribunal.

15. Copy of this order be given dasti to counsel for the parties as well as to Mr. Lalit Bhasin, learned counsel for Indian Banks’ Association under the signature of the Court Master. Mr. Lalit Bhasin learned counsel for Indian Banks’ Association shall circulate the copy of this order to all the 21 member Banks. J.R. MIDHA, J. NOVEMBER 06, 2019 ak 2019:DHC:5792 Annexure A-1 “PROFORMA FOR APPLICATION FOR COMPENSATION UNDER THE RAILWAYS CLAIMS TRIBUNALS ACT BEFORE THE RAILWAYS CLAIMS TRIBUNAL AT ………………….. O.A………../………….

1. AB, etc. …..Applicant(s) Vs. Union of India by General Manager, (Zone), (Place) …. Respondent(s) APPLICATION FOR COMPENSATION FOR DEATH/INJURIES INACCIDENT/UNTOWARD INCIDENT

I. Personal details of the applicant(s):

1. Name(s) of the applicant(s) with father’s/husband’s name and residence: ……………………………. …………………………………………………………………………………………………………………... …………………………………………………………………………………………………………………... …………………………………………………………………………………………………………………...

2. Name, father’s name and age of the person injured/dead (husband’s name in the case of married woman or widow): ………………………………………………………………….................... …………………………………………………………………………………………………………………... …………………………………………………………………………………………………………………...

3. Full address of the person injured/dead: ………………………………………………………………. …………………………………………………………………………………………………………………... …………………………………………………………………………………………………………………...

4. Occupation of the person injured/dead: ………………………………………………………………....

5. Name and address of the employer of the deceased, if any: ………………………………………… ………………………………………………………………………………………………………………………..

6. In case of death, was the victim married: Yes ( ) No ( ) (Tick what is appropriate; leave as blank which is not applicable or score off the same) (i) (a) If yes, name of the spouse: ……………………………………………………………………………. Name(s) of child(ren) irrespective of the marital status: ……………………………………………. ….…………………………………………………………………………………………………………… (b) Have all the above named persons been impleaded in the application? Yes ( ) No ( )

(c) If no, why?: ……………………………………………………………………………………………… …………………………………………………………………………………………………………….....

(d) Was the deceased in relationship of the nature of marriage with anyone? Yes ( ) No ( ) (e) If yes, the name of the person: ……………………………………………………………………….. (f) If there is/are child(ren) through the relationship, his/her/their name(s): …………………………. ………………………………………………………………………………………………………………. (g) If parent(s) is/are alive? Yes ( ) No ( ). Is/are she/he/they dependant(s)? Yes ( ) No ( ) (h) If yes, name(s) of the surviving parent(s): ………………………………………………………....... 2019:DHC:5792 -2- ……………………………………………………………………………………………………………….

(i) In the event of the pre-decease of parent(s) date(s) of death: ……………………………………. (ii) (a) If not married, Name(s) of surviving parent(s): ………………………………………………………………………….. ………………………………………………………………………………………………………………. (b) Is/are there minor brother(s) who is/are dependant(s) on deceased? Yes ( ) No ( ) If yes, his/their name(s): ……………………………………………………………………………... ……………………………………………………………………………………………………………….

(c) Is/are there unmarried sister(s)? Yes ( ) No ( )

7. Documents filed to prove the identity and relationship for deceased victim: (i) (a) Aadhaar for applicant(s) with number(s) and address(es) for applicant(s): ………………….. ……………………………………………………………………………………………………………… (b) If Aadhaar is not filed for any of the applicants, is there any other proof of identity? Yes ( ) No ( ) If yes, describe the document(s) other than the type of document mentioned in (ii) or (iii) below and the name of the issuing authority: ……………………………………………………… ……………………………………………………………………………………………………………

(ii) Election ID card for major applicant(s): ………………………………………………………………. ……………………………………………………………………………………………………………….

(iii) Ration card: …………………………………………………………………………………………... (a) The issuing authority and the year of issue: ……………………………………………………… …………………………………………………………………………………………………………. (b) Name(s) of member(s) of the family: …………………………………………………………… …………………………………………………………………………………………………………. Note: If no proof of identity is filed for any of the applicants, the application will be summarily rejected.

8. Did the injured victim/deceased have mobile telephone? Yes ( ) No ( ) (a) If yes, the phone number and name of the operator: ………………………………………………….. ………………………………………………………………………………………………………………… (b) Did the victim make a phone call to any relative/friend at/or/during travel or just before the accident/untoward incident? Yes ( ) No ( )

(c) If yes, the name of the person to whom the call was made with phone number:…………………… …………………………………………………………………………………………………………………

II. Travel details of the injured victim or deceased:

1. (a) Was she/he a passenger ( ) a visitor at the platform ( ) or Railway staff ( ) (b) If she/he was a passenger or visitor at the platform, ticket/railway pass details, Ticket No: Date: dd/mm/yyyy Time of issue: 00/00 hours 2019:DHC:5792 -3-

(c) The intervening stations as mentioned, if any, in the ticket: ………………………………………. ……………………………………………………………………………………………………………..

(d) Whether the alleged site of the incident falls within the route described above: Yes ( ) No ( ) (e) If railway pass, the pass no.: ………………………… valid from: dd/mm/yyyy to dd/mm/yyyy (f) If railway staff, designation and proof: ……………………………………………………………. (g) If she/he was a passenger, was the ticket handed over or recovered by the police? Yes ( ) No ( ) (h) Was a seizure memo prepared? Yes ( ) No ( )

(i) If yes, time of preparation, the article seized and the names of persons who have signed in the memo as witness thereof: …………………………………………………………….. …………………………………………………………………………………………………………….. (j) If no, state if any other object handed over to police or recovered from the victim: Purse/wallet ( ) Diary ( ) Employee ID ( ) Aadhaar ( ) Election ( ) Credit/debit card(s) of Bank(s) ( ) Cash ( ) Amount: Rs. Bag(s) ( ) No: (k) Any other object(s): …………………………………………………………………………………….. ……………………………………………………………………………………………………………..

2. Do you know the details of the journey that the victim was undertaking, viz. the station of origin and destination station? Yes ( ) No ( ). (a) If yes, give the details with station of origin to destination station for the victim: …………………… …………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………….. (b) Do you know the name of the train and train number in which the victim travelled or attempt to travel? Yes ( ) No ( )

(c) If yes, give the details of the train: …………………………………………………………………………

(d) If no, have you collected details from the GRP/RPF or Station Superintendent? Yes ( ) No ( ) (e) If no information was collected, furnish details of the names of trains (to the extent possible) that may have passed in the direction where the victim was found in a range of 2 hours before and after the time when incident is suspected to have happened: ……………................................................. …………………………………………………………………………………………………………………….. ……………………………………………………………………………………………………………………..

3. (a) Was/were there a known co-passenger(s) with the victim of accident/untoward incident? Yes ( ) No ( ) (b) If yes, name(s) of co-passenger(s) and nature of relationship through blood or friendship in social circle or at work: ………………………………………………………………………………………… …………………………………………………………………………………………………………………….. ……………………………………………………………………………………………………………………..

4. (a) Was there an eyewitness to the victim’s travel? Yes ( ) No ( ) (b) If yes, name(s) of the person(s): …………………………………………………………….…………… 2019:DHC:5792 -4- …………………………………………………………………………………………………………………

(c) Has she/he given any statement to the police at the time of inquest or at any other time during police investigation: …………………………………………………………………………………………….. …………………………………………………………………………………………………………………….. ……………………………………………………………………………………………………………………..

III. Details of accident/untoward incident:

1. If accident, (a) Nature of accident: Derailment ( ) Collision between trains ( ) Collision between train and any other motor vehicle ( ) or any other non-motor vehicle ( ) (b) In case of derailment, the station at or near the place where the accident took place: ………….. ……………………………………………………………………………………………………………….

(c) If collision between train, the trains that were involved in the accident and the place at or near where the place the accident took place: ……………………………………………………………… ……………………………………………………………………………………………………………….

(d) If collision with any other vehicle or contrivance carrying passengers or goods, was it at manned ( ) or unmanned ( ) crossing at or near the place where the accident took place: ………………………………………………………………………………………………………………. ………………………………………………………………………………………………………………. (e) Was the name published as among list of victims? Yes ( ) No ( ) (f) If yes, was any ex-gratia payment made? Yes ( ) No ( ) (g) If yes, the amount paid and the person to whom paid with relationship: …………………………. ………………………………………………………………………………………………………………. (h) Documents filed:

(i) Copy of statutory report of accident: ( )

(ii) Newspaper report: ( )

(iii) Voucher for payment of ex-gratia, if any: ( )

(iv) Any other information or documentary evidence that may be necessary or helpful in the disposal of the claim: …………………………………………………………………………. ……………………………………………………………………………………………………………

2. If untoward incident, tick one of the boxes applicable: a. Terrorist attack ( ) b. Robbery/dacoity /violent attack ( ) c. Victim of incident of 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 ( ) d. Accidental fall from train ( ) e. Any other manner: ………………………………………………………………………………………… (a) If terrorist attack, details of the case with crime number: ……………………………………………. ………………………………………………………………………………………………………………. (b) If robbery/dacoity/violent attack, was any criminal case registered? Yes ( ) No ( ) If yes, give details of case number and the court where the case is/was being prosecuted: ……………………………………………………………………………………………………………… 2019:DHC:5792 -5- ………………………………………………………………………………………………………………

(c) If victim of rioting, shoot-out, arson, was any criminal case registered? Yes ( ) No ( )

(i) FIR ( )

(ii) Newspaper report, if any ( )

(iii) Judgment, if any ( )

(d) Fall from the train:

(i) While boarding the train at the railway platform of the station of origin/mid-station ( )

(ii) While de-boarding the train at platform/mid-station/destination station ( )

(iii) Accidental fall at mid-station when the train was in motion ( )

(e) Was the train stopped at the place of fall? Yes ( ) No ( ) (f) If yes, it was after alarm chain pull (ACP) ( ) or at the instance of the guard ( ) (g) If yes, it was by co-passenger ( ), some member of public ( ), GRP/RPF ( ), Guard ( ) Loco pilot ( ) Railway staff ( )

3. (a) Is there an eye-witness to the incident? Yes ( ) No ( ) (b) If yes, his/her name was ………………………………………………. and he was examined by the police and statement recorded by GRP/RPF ( ) or by both ( ) or by none ( )

(c) Names of other eye-witnesses, if any: …………………………………………………………………….. ………………………………………………………………………………………………………................

(d) Documents filed:

(i) Guard’s diary/rough journal for ACP ( )

(ii) Loco-pilot’s diary for ACP ( )

(iii) Entry in untoward incident register ( )

(iv) Statement(s) of eye-witness(es) ( )

(v) Photograph of the injured victim showing amputation, if any, or of the dead body taken at the site of accident ( )

(vi) Any other information or documentary evidence that may be necessary or helpful in the disposal of the claim: ………………………………………………………………………………………. …………………………………………………………………………………………………………………...

4. Details of the loss of any luggage on account of the accident/untoward incident: ………….......... ……………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………

IV. Post-accident details:

1. (a) Was the victim admitted at the hospital? Yes ( ) No ( ) (b) If yes, the name of the person who accompanied the victim to the hospital at the time of admission: ……………………………………………………………………………………………….... ……………………………………………………………………………………………………………….

(c) Nature of injuries sustained along with medical certificate and the name and address of the Medical Officer/Practitioner, if any, who attended on the injured/dead and period of the treatment: ……………………………………………………………………………………………. ………………………………………………………………………………………………………………. ………………………………………………………………………………………………………………. 2019:DHC:5792 -6-

(d) What is the time of admission, as entered in the MLR/Accident register at the hospital? ………………………………………………………………………………………………………………. (e) If the victim is alive, what are the injuries and diagnosis at the time of discharge at the hospital? ………………………………………………………………………………………………………………. ………………………………………………………………………………………………………………. (f) Disability for work, if any caused: …………………………………………………………………… ………………………………………………………………………………………………………………. (g) If the victim had died, post-mortem was conducted: Yes ( ) No ( ) (h) What is the cause of death as entered in the post-mortem? ………………………………………… ………………………………………………………………………………………………………………. ……………………………………………………………………………………………………………….

2. (a) Was inquest conducted on the deceased? Yes ( ) No ( ) (b) Was deceased victim identified at the time of inquest? Yes ( ) No ( )

(c) Was any of the near relatives of the deceased victim available at the time of inquest? Yes ( ) No ( )

(d) If yes, who informed the relative(s), police ( ) or state the source ………………………………… (e) What were the belongings recorded as found at the time of inquest? Ticket ( ) Wallet/purse ( ) Aadhaar ( ) Election ID ( ) PAN card ( ) Credit/debit card ( ) Watch ( ) Bangle(s) ( ) Cash ( ) Cell phone ( ) (f) Any other articles: ……………………………………………………………………………………...... ……………………………………………………………………………………………………………… (g) Have the police submitted final report to the jurisdictional magistrate? Yes ( ) No ( ) (h) If yes, what is the conclusion of the police? ………………………………………………………….. ……………………………………………………………………………………………………………….

V. Limitation:

(a) Is the application filed on time? Yes ( ) No ( ) (b) If no, state number of days or delay and the reason(s): …………………………………………………… …………………………………………………………………………………………………………………….. ……………………………………………………………………………………………………………………..

VI. I, Shri/Smt./Km …………………………………, undertake that I have not filed any claim application for this claims case in any other RCT Bench or Court. 2019:DHC:5792 -7-

VII. Prayer in the application:

Counsel for the applicants Applicants Verification of the applicant(s) I/we, the applicant(s) do hereby state that the averments made above are true to the best of my/our knowledge and belief and the documents submitted are true copies of the original as certified to be true by the competent authority. We further affirm that we have understood and are advised that any deliberate misinformation or falsehood will result in actions being initiated for perjury.”. Date: Signature or left thumb impression of the applicant Place: Name and Full Address of the applicant 2019:DHC:5792

ANNEXURE A-2 RAILWAY PASSENGERS (MANNER OF INVESTIGATION OF UNTOWARD INCIDENTS) RULES

1. Short title and commencement – (1) These rules may be called RailwayPassengers (Manner of Investigation of Untoward Incidents) Rules 2019. (2) They shall come into force on the date of their publication in official Gazette.

2. Definitions: (1) In these rules, unless the context otherwise requires:a) ‘Act’ means the Railways Act, 1989 (24 of 1989) b) ‘Claims Tribunal’ means Tribunal constituted under the Railway Claims Tribunal Act, 1987 c) ‘Diary’ means the station diary being maintained by the Station Superintendent for recording daily events happened at the station; d) ‘Divisional Office’ means the Divisional Headquarter of the Zonal Railway; e) ‘Divisional Railway Manager’ means the administrative in-charge of the divisional office; or the Additional Divisional Railway Manager nominated by him f) ‘Divisional Security Commissioner’ means an officer, not below the rank of a Commandant, who is the head of the Force of a Division or a Railway Establishment at any other place connected with the Railways; g) ‘Force’ means the Railway Protection Force; h) ‘Form’ means the form appended to these rules; i) ‘Inquest Report’ means the report prepared by the Police containing details of incident; j) ‘Jama Talashi’ means the report about the recovery of any belongings of the person affected by the untoward incident; k) ‘Officer of the Force’ means the authorized officer as defined in clause (c) of Section 2 of the Railway Property (Unlawful Possession) Act, 1966 and clause 26 A of Section 2 of the Railways Act, 1989; l) ‘Police’ means a State Police; m) ‘Station Superintendent’ includes Deputy Station Superintendent Station Master and Assistant Station Master or other officer being in-charge of the station; n) ‘Untoward Incident’ means an incident defined under clause (c) of Section 123 of the Act; and o) ‘Zonal Railway’ means a Zonal Railway constituted under Section 3 of the Act. (2) The words and expressions used herein and not defined but defined in the Act shall have the meaning respectively assigned to them in the Act. 2019:DHC:5792

3. Report about untoward incident: Any railway servant, including member of the Force, Guard and Driver of the train, on coming to know of the occurrence of an untoward incident, shall report the incident immediately to the nearest Stations Master/ Station Superintendent of Railways.

4. Duties of Station Superintendent, Guard, Conductor and Train Ticket Examiner in – charge of the train;- (1) If an untoward incident occurs at the station, the concerned Station Superintendent shall immediately arrange for medical assistance to the injured passengers and report such incident within twenty-four hours of the occurrence to the Divisional Security Commissioner in FORM – 1. (2) If an untoward incident occurs in the mid-section, the Guard of the concerned train shall inform the Station Superintendent of the nearest station who shall perform the duties referred to in Sub-rule (1). (3) In case the Guard is injured in an untoward incident, the Conductor of the concerned train shall inform the Station Superintendent of the nearest station who shall perform the duties referred to in Sub-rule (1). (4) In case both the Guard and the Conductor are injured in an untoward incident, the Train Ticket Examiner in-charge shall inform the Station Superintendent of the nearest station who shall perform the duties referred to in Subrule (1). (5) If an untoward incident occurs in mid-section, in the absence of officers mentioned in Sub-rules (2), (3) and (4), the Station Superintendent, if it comes to his notice, shall perform the duties referred to in Sub-rule (1).

5. Additional duties of Station Superintendent - The Station Superintendent on receipt of an information about the occurrence of untoward incident under Rule 3, shall, -

(i) Maintain a separate exclusive register for recording the untoward incidents

(a) Assign a unique identification number to each untoward incident and mention the untoward incident in the said register against this unique identification number. 2019:DHC:5792 (b) The untoward incident register should be closed at 23:59 hrs every day so that untoward incident happening thereafter can be added in the register against that day.

(ii) Make a brief report in respect of spot of the untoward incident and forward copies thereof to the Divisional Office, Zonal Railways, Police and Divisional Security Commissioner of the Force.

(iii) Submit a fortnightly status report of untoward incidents including compliance of Rule 4 to Divisional Commercial Manager In-charge / Senior Divisional Commercial Manager.

6. Conducting of investigation and submission of report by the Force.- (1) On receipt of information under Rule 5, an officer of the Force, shall carry out the investigation and shall-

(i) Obtain copies of the inquest report, post mortem report and Jama Talashi report from the Police investigating the incident;

(ii) Obtain a copy of the report specified under clause (ii) of Rule 5;

(iii) Obtain information about the untoward incident in FORM - 2;

(iv) Record statement of additional witnesses, if so required

(v) Collect any other evidence required by the circumstances of the case;

(2) The officer of the Force shall complete the investigation within sixty days and submit a report to the authority specified under Sub-rule (2) of Rule 9.

7. Conducting of investigation and submission of report by the Police.- (1) The Police on receipt of information of an untoward incident from general public or any Railway servant including Station Superintendent, the Police shall immediately initiate investigation and prepare inquest report or injury report in accordance with the procedure laid down in Code of Criminal Procedure, 1973. (2) The Police upon reaching the scene of the untoward incident shall inform the nearest/concerned Station Superintendent personally or over telephone or through SMS or any effective electronic means of its presence at the scene of the incident. The Police shall immediately take photographs of the incident along with dead body/victim at the spot along with the tracks/witness(es)/bystanders. (3) After preparation of report, as mentioned in Sub-rules (1) and (2), the Police shall immediately give clearance certificate for movement of trains from the site of incident so that minimum delay is caused in restoration of train movement. 2019:DHC:5792 (4) The Police shall prepare the Detailed Accident Report (DAR) and submit a copy of the same to Divisional Security Commissioner/ Sr. DSC within 60 days from the date of untoward incident for onward submission to Divisional Railway Manager. (5) In the event of the Police failing to take photographs as stated under Rule 7 (2) above, the concerned DCP shall examine why the photographs were not taken and whether any action is warranted for the lapse.

8. The injured and the next of kin of the deceased passenger shall submit all the relevant evidence before the Police and assist the Police/Force to complete investigation.

9. Forwarding of investigation report by the police and the Force.- (1) The Police on completion of the investigation shall forward the report thereof to the Magistrate as required under the Code of Criminal Procedure, 1973 (2) The officer of the Force shall forward the report prepared under Sub-rule (2) of Rule 6 to the Divisional Security Commissioner of Force. (3) The Divisional Security Commissioner shall submit the report to Divisional Railway Manager within fifteen days of the receipt of report of investigation from officer of the Force. (4) The Divisional Security Commissioner shall also ensure that a copy of Detailed Accident Report prepared by Police, in the format circulated by Ministry of Home Affairs (CS Division) vide their letter No. 24013/35/Misc./2017 CSR,.III dated 02.09.2019, is forwarded to the Divisional Railway Manager within 15 days of the receipt from the Police and after ascertaining the facts and verifying the genuineness of the facts of the case along with Form - 2

10. Action on the Report by the Divisional Railway Manager - (1) The Divisional Railway Manager, on receipt of the report, mentioned in Sub-rule (3) of Rule 9 shall examine the same within fifteen days. (2) The Divisional Railway Manager, on receipt of the report, mentioned in Sub-rule (3) of Rule 9 shall examine the same within fifteen days. In case, the statutory time periods mentioned in the Rules for filing of Form-1 and Form-2 have not been adhered to then Divisional Railway Manager shall call for explanation for delay from the concerned authorities. 2019:DHC:5792 (3) When, on examination, Divisional Railway Manager is satisfied that the investigation is complete, he shall pass an order accepting the said report. (4) If the Divisional Railway Manager has reason to believe that some more inquiry is required in the matter, it shall refer the same back for investigation to the officer of the Force along with his observations for further investigation. (5) On receipt of the reference under Sub-rule 4, the officer of the Force shall investigate the matter further and submit the report immediately to the Divisional Railway Manager.

11. Communication of order:- Final orders passed on the report by the Divisional Railway Manager shall be communicated to the Station Superintendent who shall maintain the records and make necessary entries in the Station Diary to this effect.

12. Sending report to Claim Office – (1) The investigation report along with acceptance of Divisional Railway Manager there on shall be sent within fifteen days to the administrative in-charge of the Claim office of the Zonal Railway where the incident has occurred. (2) The administrative in-charge of Claim office of the Zonal Railway who has received the notice of the claim for that particular incident, shall arrange to collect the report from the Claim office of Railway where the incidence has occurred, shall initially have the claim examined by presenting officer (Railway Claims Tribunal) and associated legal branch and on the basis of their submission, and recommendation of Divisional Railway Manager as provided under Sub-rule (3) of Rule 10 and pass a speaking order, whether the claim is to be admitted or contested and shall submit the same to the concerned Bench of the Railway Claims Tribunal along with the Written Statement. 2019:DHC:5792

REPORT OF UNTOWARD INCIDENT

1. Unique Identification Number of the Untoward Incidents:

2. Kilometer at which untoward incident occurred:

3. Name of Driver of the train with Headquarter:

4. Name of the Guard of the train with Headquarter:

5. Name of the Train Ticket Examiner of train, if posted, with Headquarter:

6. Nature of the untoward incident: (a) Accident fall (b) Bomb blast (c) Rioting (d) Shootout (e) Arson (f) Dacoity/Robbery (g) Violent attack (h) Terrorist act/attack

(i) Run over/trespassing

7. Date and time of occurrence:

8. Position of the injured dead body in relation to the tracks along with photographs:

9. Whether medical help was given to the injured/victim:

10. Whether train stopped or not:

11. Condition of doors and occupation of coach: Date: Signature Name and designation ** For creating the Unique ID Number, the alphabetical and numerical code of station/ division/zone/year/month/incident serial number mentioned in the register can be written in a continuous manner. For example: If the incident falls within the area of Kathgodam Station under Izzat Nagar division of N.E Railway and the incident happened in the month of October, 2017, the Unique ID will be as follows: KGM/04305472/IZN/NER/2017/serial number. 2019:DHC:5792

BRIEF PARTICULARS OF UNTOWARD INCIDENT

1. Date and time of the untoward incident:

2. Nature of untoward incidents (please specify – (a) accidental fall, (b) bomb blast, (c) rioting, (d) shootout, (e) arson (f) dacoity/robbery, (g) violent attack, (h) terrorist act/ attack (i) run over, (j) trespassing (k) suicide, (l) others):

3. FIR number and address of the Police Station where FIR is registered:

4. Medical report, if available:

5. Name, address and parentage of the first informant:

6. Name and designation of the Railway officials who reached the place of incident first:

7. Name and designation of the Officer for the Force/Police on the train:

8. Name, age, sex and address of the victim:

9. Photograph at the site where the victim was found:

10. Name and number of the train involved:

11. The actual time of arrival and departure of the train in question (As per TSR of the Station nearest to the place of incident):

12. Certified copies of station diary, untoward incident register, TSR, GDR report etc:

13. Kilometerage at which the passenger fell, or person was knocked down:

14. Was the incident by the Guard /Driver/ TTE and and the train stopped, or was the alarm chain pulled to stop the train:

15. Type of injuries sustained by the injured i.e. grievous/simple, permanent/partial disablement:

16. Time and place the body was detected:

17. Position of the body in relation to the tracks:

18. Blood stains on ballast or engine, extent of the injuries and whether prima facie inflicted by a train, or otherwise:

19. Position of any clothing etc. found on, or near the rails: 2019:DHC:5792

20. Details of articles seized, including tickets, from the body of the victim:

21. Whether genuineness of the ticket is verified from the console:

22. Whether the ticket alleged to have been recovered is compatible with time of its issuance and where the victim was found:

23. How the injured or dead person was dealt with (whether medical help was given to the injured; whether he was admitted to any hospital; was the dead person identified; was post mortem carried out; was inquest report obtained; were the relatives of the injured/dead informed):

24. If child, also give the name and address of the guardian at the time, and his relationship to the child:

25. Brief statement of the injured person containing cause of accident:

26. Name and signature of the passenger in whose presence the statement is recorded:

27. In the case of a child, the name and signature of guardian:

28. Statement of co-passengers:

29. Condition of the doors of the relevant coach:

30. If there is no conclusive evidence regarding cause of incident, then Officer of Force instead of writing “fallen down”, should state “ reasons not known”:

31. Any other comments/remarks: Signature Name and Designation Date: 2019:DHC:5792

1. Date & Time of the incident:

2. FIR No. / DD No., date and under Section:

3. Name of the Police Station:

4. Offences as per report under Section 173 or 174 Cr PC

5. Place of accident / incident: a) Line Number: b) Platform Number: c) Nearest Pole Number:

6. Train involved, if known:

7. Source of information: ● Who reported the accident to the Police? (Give name, address & contact no.) ● Drive/Guard/Passenger/Others ● Victim ● Witness ● Hospital/Medical facility

8. Who removed the body from the track:

9. Name of the person who took the victim to the hospital and name of the hospital:

10. Officer who first visited the site (If other than Inquiry Officer his/her statement to be enclosed):

11. Name of the person injured/ dead, if known:

12. Age:

13. Sex:

14. Address:

15. Name and relationship of co-passenger if any who could identify the injured/ deceased:

16. Address of co-passenger(s):

17. If ticket recovered from passenger at the site: Ticket No.: Yes/No ● Date of Journey: ● Date and Time of issue: ● If ticket is shown recovered later: ● Place of recovery: ● Time of recovery: 2019:DHC:5792 ● Details of person from whom recovered: ● Name: ● Mobile No.: ● Contact details:

18.

(i) List of articles recovered:

(ii) Was/Were there (a) cell phone(s) with the victim? Yes/No

(iii) If yes, what was/were the phone number(s):

(iv) Working condition: Yes/No

(v) If yes, what was the last call to or from with time and number:

(vi) Was the number contacted and person verified:

(vii) Details of the location of the mobile phone at the time of last call made/ received obtained from the relevant Telecom Service Provider:

(viii) Details of any important information:

19. Names, relationship and addresses of dependents of deceased: Identity of injured/ dependents of deceased: ● Aadhaar Card ● Electoral Identity Card ● Ration Card ● Birth Certificate ● Family Card ● Others

20. Possible cause for Death or Injury (By fall while boarding, de-boarding, travelling etc.): Any material or circumstance for suspecting any of the exceptions mentioned in Section 124A of the Railways Act: - (a) Suicide or attempted suicide by him: If suicide or illness as cause of death suspected, was any medical record available: If yes, the name and the statement of the treating doctor recorded: (b) self-inflicted injury:

(c) his own criminal act:

(d) any act committed by him in a state of intoxication or insanity:

Yes / No 2019:DHC:5792 If the injured or deceased victim was suspected to be in an inebriated state at the time of the incident, was the blood of the victim medically analyzed: If yes, did it reveal any alcohol or narcotic substance: (e) any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident: Yes / No Yes/No PART – II Hospital Admission Particulars 1. (a) Name of the hospital(s): (b) Date and time of admission:

(c) Date and time of discharge:

2. Nature of Injuries- Fatal/ Grievous/ Simple:

3. Details of person who admitted the injured to the hospital: ● Name: ● Mobile No.: ● Contact Details:

4. If dead, date and time of death:

5. In case of death, whether post mortem done:

6. Manner of disposal of dead body (Claimed or Unclaimed): PART – III Documents/ Information submitted by GRP (Tick Yes /No)

1. First Information Report: Yes / No

2. Memo of the Station Master & GDR extract (combined Guard and Driver Report): Yes / No

3. Site Plan in terms of Clause 5 of Part I: Yes /No

4. Photographs taken at the site ● Track Character ● Straight and Level ● Straight and Grade ● Curve and Level ● Curve and Grade ● Under Construction/ maintenance Yes / No 5 Statement(s) of witnesses Yes/ No 2019:DHC:5792

6. Statement of Loco-pilot in case of run over to his knowledge Yes/ No

7. Statement of Guard Yes/ No

8. Inquest report: Yes/No Body identified: Yes/ No Who identified the body When identified: Where identified: Details of person who identified: Name: Mobile No. Contact Details:

9. Final report to Jurisdictional Magistrate: Yes/ No

10. MLR/MLC No:

11. Discharge summary from Hospital: Yes/ No

12. Post mortem report: Yes/ No

13. Recovery memo/ seizure memo during Jama talashi: Yes/ No

14. Site Map: Yes/ No

15. Photographs: Yes/ No

16. Any other relevant documents/ information: Yes/ No VERIFICATION Verified at ______ on this _______ of ________ that the contents of the above report are true and correct and the documents mentioned in Part – III have been verified. Name and Designation of Investigating Officer Date: Police Station 2019:DHC:5792 Annexure A-6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 22/2015 & CM No.4501/2015 GEETA DEVI..... Appellant Through: Mr. A.J. Bhambhani, Sr. Adv. as amicus curiae with Ms. Lakshita Sethi, Adv.

VERSUS

UNION OF INDIA..... Respondent Through: Mr. Joydeep Mazumdar, Adv. for Railways. Mr. Brijesh Kumar Shukla, Adv. for RCT & Railways. Mr. Jamal Akhtar, Adv. on behalf of Mr. Rahul Mehra, Standing Counsel for GNCTD. Ms. Aastha Jain, Adv. on behalf of Mr. Sanjay Jain, ASG. Mr. T.P.S. Tomar, ACP/Railways and Mr. Vivek Anand, S.H.O./SPM. CORAM: HON'BLE MR.

JUSTICE J.R. MIDHA O R D E R % 21.04.2017

1. Mr. Joydeep Mazumdar, learned counsel for Railways has handed over the minutes of the meeting dated 09th February, 2017 which are taken on record.

2. Vide order dated 5th October, 2015, this Court suggested the Railways Claims Tribunals to examine the claimants with respect to their financial status and financial needs and thereafter, release some amount to the claimants and keep the balance amount in annual fixed deposits in a phased 2019:DHC:5792 manner depending upon the financial status and financial needs of the claimants.

3. On reconsideration, this court is of the view it would be more beneficial to the claimants to keep the award amount in monthly FDR’s with cumulative interest instead of annual FDR’s with monthly interest. For example, in a case where award amount is Rs.5,50,000/- and the monthly expenditure of the claimant is Rs.5,000/- per month, the Railway Claims Tribunal may release Rs.50,000/- and the balance Rs.5,00,000/- be kept in 100 FDR for Rs.5,000/- each for the period 1 to 100 months with cumulative interest. On the other hand, if the monthly expenditure of the claimant is Rs.10,000/- then Rs.5,00,000/- can be kept in 50 FDRs of Rs.10,000/- each or the period 1 to 50 months with cumulative interest. The table containing the computation of maturity amount by UCO Bank, Delhi High Court Branch on 100 FDRs for Rs.5,000/- each for one month to 100 months is attached to this order as Annexure – A and the table containing the computation of maturity amount by UCO Bank, Delhi High Court Branch on 50 FDRs for Rs.10,000/- each for one month to 50 months is attached to this order as Annexure – B.

4. The benefit of such disbursement would be that the maturity amount of FDRs keeps on increasing every month whereas in case of annual FDR’s with monthly interest, the monthly interest amount keeps on decreasing every month. The gradual increase of the maturity amount every month shall take care of the inflation as well as the growing needs of the claimants.

5. In death cases, the family members of the deceased would have received a portion of the income of the deceased every month and not a lump sum amount at any point of time. The purpose of awarding compensation is to put the family members of the deceased in the same financial position. As such, it would be appropriate to ensure that the family 2019:DHC:5792 members get reasonable amount of compensation every month like they would have received, if the deceased had been alive.

6. Some of the recent orders passed by this Court with respect to the disbursement of the award amount in the above said manner are as under:-

6.1. In Urmila Devi v. UOI, FAO 70/2009 vide order dated 22nd February, 2017, this Court has disbursed Rs.7,15,426/- to the claimants in the following manner: - “1. Mr. Joydeep Mazumdar, learned counsel for Railways, submits that a sum of Rs.7,15,426/- has been deposited with UCO Bank, Delhi High Court Branch in terms of the judgment dated 03rd January, 2017 on 20th February, 2017.

2. Appellant, Urmila Devi, is present in Court. She is aged about 60 years staying at village and post office Pilkhi, District Muzaffarpur, Bihar. The appellant submits that she will open an individual account near the place of her residence within two weeks and she shall furnish the copy of the passbook and the PAN Card to the Station Master of Railway Station, Muzaffarpur, Bihar. The Station Master, Railway Station, Muzaffarpur, Bihar shall send the same to Mr. Joydeep Mazumdar, learned counsel for Railways, who shall furnish the same to UCO Bank, Delhi High Court Branch for disbursement of the award amount.

3. UCO Bank, Delhi High Court Branch is directed to keep a sum of Rs.6,36,000/- in 120 monthly FDRs of Rs.5,300/- each for the periods 1 month to 120 months respectively with cumulative interest in the name of the appellant.

4. The balance amount after keeping Rs.6,36,000/- in FDRs be released to appellant by transferring the same to her savings bank account near the place of her residence.

5. The maturity amount of the FDRs be transferred to the aforesaid savings bank account of the appellant. Mr. Joydeep Mazumdar shall furnish the particulars of the savings bank account of the appellant to UCO Bank upon receiving the same from the Station Master, Railway Station, Muzzafarpur, Bihar within a period of four weeks from today.

6. No cheque book or debit card shall be issued by the 2019:DHC:5792 concerned bank in which respondents no.1 to 3 open their savings bank account. However, in case, the debit card and/or cheque book have already been issued the concerned bank of the appellants shall cancel the debit card and/or cheque book. UCO Bank shall send the copy of this order to the concerned bank of the appellant.

7. No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.”

6.2. In Saraswati Devi v. UOI, FAO 216/2009 vide order dated 22nd February, 2017, this Court has disbursed Rs.6,62,862/- to the claimants in the following manner: - “1.Mr. Joydeep Mazumdar, learned counsel for Railways, submits that a sum of Rs.6,62,862/- has been deposited with UCO Bank, Delhi High Court Branch on 20th February, 2017 in terms of the judgment dated 03rd January, 2017.

2. Appellant No.1 is present in Court along with the savings bank passbooks and PAN Cards of all the appellants. Appellant No.1 is the widow aged 55 years. Appellants No.2 and 3 are the married daughters aged 31 years and 30 years respectively. Appellant No.4 is the unmarried son aged 26 years. The particulars of the savings bank accounts of the appellants are as under: - (i)Saraswati, (Appellant No.1) A/c No.0275010906173 United Bank of India Branch Asaf Ali Road IFSC UTBI0ASA704 (ii)Neetu, (Appellant No.2) A/c No.0275010913522 United Bank of India Branch Asaf Ali Road IFSC UTBI0ASA704 (iii)Vidishu @ Vidisha, (Appellant No.3) A/c No.600210110004724 Bank of India Branch Karol Bagh, New Delhi IFSC BKID0006002 (iv)Himanshu, (Appellant No.4) 2019:DHC:5792 A/c No.0275010942614 United Bank of India Branch Asaf Ali Road IFSC UTBI0ASA704

3. UCO Bank, Delhi High Court Branch is directed to keep Rs.[6] lakh in FDR in the following manner: -

(i) Rs.[3] lakh in 60 FDRs of Rs.5,000/- each in the name of appellant No.1 for the period 1 month to 60 months respectively with cumulative interest;

(ii) Rs.[1] lakh in 20 FDRs of Rs.5,000/- in the name of appellant No.2 for the period 1 month to 20 months respectively with cumulative interest; (iii)Rs.[1] lakh in 20 FDRs of Rs.5,000/- in the name of appellant No.3 for the period 1 month to 20 months respectively with cumulative interest;

(iv) Rs.[1] lakh in 20 FDRs of Rs.5,000/- in the name of appellant No.4 for the period 1 month to 20 months respectively with cumulative interest;

4. The balance amount after keeping Rs.[6] lakh in FDRs be released to appellant No.1 by transferring the same to her aforesaid savings bank account.

5. The original FDRs shall remain with UCO Bank. However, the statement containing FDR number, amount, date of maturity and maturity amount shall be furnished by UCO Bank to the appellants.

6. The maturity amount of the FDRs be released to the respective respondents in their aforesaid savings bank accounts.

7. United Bank of India, Asaf Ali Road Branch and Bank of India, Karol Bagh Branch are directed not to issue debit card or cheque book to the appellant in respect of their savings bank accounts mentioned in para 2 above. However, in case the debit cards and/or cheque books have already been issued, the respective banks are directed to cancel them.

8. Learned counsel for the appellants submits that the respondents have deducted TDS whereas no TDS is deductible on the award amount. 2019:DHC:5792

9. Learned counsel for the respondent submits that he shall take instructions and respond to the same on the next date of hearing.

10. List on 23rd March, 2017 at 02:30 p.m.

11. UCO Bank, Delhi High Court Branch, United Bank of India, Asaf Ali Road Branch and Bank of India, Karol Bagh Branch shall file the compliance report of this order to this Court before the next date of hearing.”

6.3. In Mukesh Rani v. UOI, FAO 378/2009 vide order dated 23rd March, 2017, this Court has disbursed Rs.6,43,662/- to the claimants in the following manner: - “1.The respondent has deposited Rs.6,43,662/- with UCO Bank, Delhi High Court Branch in terms of the judgment dated 03rd January, 2017.

2. Appellants No.1 to 3 are present in person in Court. Appellant No.1 is the widow aged 45 years, appellant No.2 is the son aged 23 years and appellant No.3 is the married daughter aged 21 years and the particulars of their savings account are as under:-

(i) Mukesh Rani (Appellant No.1)

(ii) Mukul (Appellant No.2)

(iii) Ritu (Appellant No.3)

3. UCO Bank, Delhi High Court Branch is directed to keep Rs.5,50,000/- in FDR in the following manner:-

(i) Rs.4,00,000/- in 80 FDRs of Rs.5,000/- each in the name of appellant No.1 for the period 1 to 80 months, respectively, with cumulative interest. 2019:DHC:5792

(ii) Rs.75,000/- in 15 FDRs of Rs.5,000/- each in the name of appellant No.2 for a period 1 month to 15 months, respectively, with cumulative interest.

(iii) Rs.75,000/- in 15 FDRs of Rs.5,000/- each in the name of appellant No.3 for a period 1 month to 15 months, respectively, with cumulative interest.

4. The balance amount, after keeping Rs.5,50,000/- in FDRs, be released to appellants No.1 to 3 in equal proportion by transferring the same to their savings accounts mentioned in para 2 above.

5. All the original FDRs shall be retained by UCO Bank, Delhi High Court Branch. However, the statement containing FDR number, FDR amount, date of maturity and the maturity amount be furnished to appellants No.1 to 3.

6. The maturity amount of the FDRs shall be transferred to the respective savings accounts of the beneficiaries mentioned in para 2 above.

7. No cheque book or debit card be issued by State Bank of India, Mundaka Branch; Punjab National Bank, Rani Khera Branch and S.P.M. H.S.G-I, Post Office, Onkar Nagar Branch to appellants No.1 to 3 without permission of this Court. However, in case, the debit card/cheque book have already been issued, the respective Banks/Post office shall cancel the debit card and/or cheque book.

8. No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.

9. The appellants are at liberty to approach this Court for release of further amount in case of any financial exigency.”

6.4. In Shatru Ghan Prasad v. UOI, FAO 26/2016 vide order dated 29th March, 2017, this Court has disbursed Rs.5,36,610/- to the claimants in the following manner: - “1.The respondent have deposited Rs.5,36,610/- in FAO 26/2016 and Rs.5,36,610 in FAO 58/2016 with UCO Bank, Delhi High Court Branch.

2. The respondent has deducted TDS of Rs. 34,152/- each in 2019:DHC:5792 both the cases. However, the interest on the compensation amount does not exceed Rs.50,000/- per year and therefore, no TDS was deductible by the respondent. The respondent is, therefore, directed to deposit the TDS amount with UCO Bank, Delhi High Court Branch in terms of the judgment dated 20th February, 2017 within a period of four weeks from today. Needless to say that after depositing the TDS amount, the respondent would be at liberty to claim the refund of the TDS if already deposited by them.

3. The appellant Shatrughan Prasad @ Sharru Dhan Prasad is present in Court and his family comprises of himself and his minor son, Master Vikas, aged 9 years. The UCO Bank, Delhi High Court Branch is directed to keep Rs.10,00,000/- in FDRs in the following manner:

(i) Rs.[5] lakh in 100 FDRs of Rs.5,000/- each in the name of

(ii) Rs.[5] lakh in FDR in the name of Master Vikas Kumar till he attains majority. The monthly interest on this FDR be released to the savings bank account of his father, Shatrughan Prasad @ Sharru Dhan Prasad. Upon Master Vikas attaining majority, UCO Bank shall keep Rs.[5] lakh in 50 FDRs of Rs.10,000/- each for the period 1 month to 50 months respectively in the name of Master Vikas with cumulative interest.

4. The maturity amount of the FDRs of Shatrughan Prasad @ Sharru Dhan Prasad be transferred to his savings bank A/c No.91112010036925 with Syndicate Bank, Ganga Ram Hospital, Rajinder Nagar, Delhi Branch.

5. The maturity amount of the 50 FDRs of Master Vikas to be issued after he attains majority, shall be transferred to the savings bank account of Master Vikas.

6. The balance amount, after issuing FDRs of Rs.10,00,000/-, in the manner aforesaid, be released to Shatrughan Prasad @ Sharru Dhan Prasad by transferring the same to his savings bank account.

7. No cheque book or debit card be issued to the Appellant 2019:DHC:5792 by the Syndicate Bank, Ganga Ram Hospital, Rajinder Nagar, Delhi Branch without permission of this Court. However, in case, the debit card/cheque book have already been issued, Syndicate Bank, Ganga Ram Hospital, Rajinder Nagar, Delhi Branch shall cancel the debit card and/or cheque book.

8. No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.

9. The claimants are permitted to approach this Court for pre-mature release of FDR in the event of any financial exigency.

10. List for reporting compliance and disbursement of the TDS amount on 26th May, 2017.”

7. Conclusion

7.1. The amount awarded to the claimants be directed to be deposited in the bank account of the Railway Claims Tribunal by means of a cheque drawn in the name of Railway Claims Tribunal A/c (name of the claimant) within 30 days and the bank be directed to keep the amount in interest earning fixed deposit till the disbursement.

7.2. The claimant(s) be directed to appear before the Railway Claims Tribunal along with the passbook(s) of their savings bank account near the place of their residence as well as Aadhaar card (s) and PAN card(s) (PAN card is now mandatory for issuance of a fixed deposit as per RBI rules)

7.3. The Tribunal shall examine the claimant(s) to ascertain their financial condition/needs to determine their share, mode of disbursement and amount to be kept in fixed deposit(s).

7.4. The Tribunal shall, depending upon the financial status and financial need of the claimant(s), release some amount and keep the balance amount in monthly FDR’s with cumulative interest. For example, in a case of award of Rs.5,50,000/- and the monthly 2019:DHC:5792 expenditure of the claimant is Rs.5,000/- per month, the Tribunal may release Rs.50,000/- and the balance Rs.5,00,000/- be kept in 100 FDR for Rs.5,000/- each for the period 1 to 100 months with cumulative interest. On the other hand, if the monthly expenditure of the claimant is Rs.10,000/-, then Rs.5,00,000/- can be kept in 50 FDRs of Rs.10,000/- each for the period 1 to 50 months with cumulative interest.

7.5. Original fixed deposit receipts be retained by the bank in safe custody. However, the statement containing FDR(s) number, FDR(s) amount, date of maturity and the maturity amount be furnished to the claimant(s).

7.6. The maturity amount of the FDRs be credited in the saving account of the claimant(s) near their residence.

7.7. No cheque book/debit card be issued to the claimant(s) in the savings bank account without permission of the Tribunal. In case, the cheque book/debit card have already been issued, the concerned bank be directed to cancel the same.

7.8. No loan, advance or pre-mature discharge of the FDR (s) shall be permitted without the permission of Tribunal.

7.9. The Bank shall not permit any joint name(s), other than the spouse of the victim, in the savings bank and fixed deposit accounts of the claimant(s) without the permission of Tribunal.

7.10. The liberty be given to the claimants to approach the Tribunal for pre-mature release of some of the FDR(s) in the event of any financial exigency.

8. This Court appreciates the assistance rendered by Mr. A.J. Bhambani, learned amicus curiae; Mr. Brijesh Kumar Shukla, learned counsel for Railways and RCT and Mr. Joydeep Mazumdar, learned 2019:DHC:5792 counsel for Railways in formulating this procedure for protection and disbursement of award amount.

9. List on 17th May, 2017 at 2:30 P.M.

10. Copy of this order be given dasti to learned counsels for the parties under signature of Court Master. J.R. MIDHA, J. APRIL 21, 2017 ak 2019:DHC:5792 Annexure - A Interest Rate as on 1st February 2017 S.No. FDR Amount (Rs.) Period of FDR (Months) Maturity Amount (Rs.)

1. 5000 1 5,019/-

2. 5000 2 5,048/-

3. 5000 3 5,076/-

4. 5000 4 5107/-

5. 5000 5 5,134/-

6. 5000 6 5,174/-

7. 5000 7 5,204/-

8. 5000 8 5,234/-

9. 5000 9 5,263/-

10. 5000 10 5,293/-

11. 5000 11 5,324/-

12. 5000 12 5,359/-

13. 5000 13 5,382/-

14. 5000 14 5,414/-

15. 5000 15 5,446/-

16. 5000 16 5,478/-

17. 5000 17 5,509/-

18. 5000 18 5,540/-

19. 5000 19 5,573/-

20. 5000 20 5,604/-

21. 5000 21 5,636/-

22. 5000 22 5,668/-

23. 5000 23 5,701/-

24. 5000 24 5,733/-

25. 5000 25 5,763/-

26. 5000 26 5,797/- 2019:DHC:5792

27. 5000 27 5,832/-

28. 5000 28 5,866/-

29. 5000 29 5,899/-

30. 5000 30 5,933/-

31. 5000 31 5,967/-

32. 5000 32 6,001/-

33. 5000 33 6,035/-

34. 5000 34 6,069/-

35. 5000 35 6,105/-

36. 5000 36 6,139/-

37. 5000 37 6,145/-

38. 5000 38 6,180/-

39. 5000 39 6,215/-

40. 5000 40 6,251/-

41. 5000 41 6,285/-

42. 5000 42 6,320/-

43. 5000 43 6,356/-

44. 5000 44 6,391/-

45. 5000 45 6,427/-

46. 5000 46 6,462/-

47. 5000 47 6,499/-

48. 5000 48 6,535/-

49. 5000 49 6,569/-

50. 5000 50 6,606/-

51. 5000 51 6,645/-

52. 5000 52 6,683/-

53. 5000 53 6,720/-

54. 5000 54 6,758/-

55. 5000 55 6,796/- 2019:DHC:5792

56. 5000 56 6,834/-

57. 5000 57 6,872/-

58. 5000 58 6,910/-

59. 5000 59 6,949/-

60. 5000 60 6,987/-

61. 5000 61 7,024/-

62. 5000 62 7,064/-

63. 5000 63 7,105/-

64. 5000 64 7,146/-

65. 5000 65 7,186/-

66. 5000 66 7,225/-

67. 5000 67 7,267/-

68. 5000 68 7,307/-

69. 5000 69 7,347/-

70. 5000 70 7,388/-

71. 5000 71 7,430/-

72. 5000 72 7,471/-

73. 5000 73 7,510/-

74. 5000 74 7,553/-

75. 5000 75 7,597/-

76. 5000 76 7,641/-

77. 5000 77 7,683/-

78. 5000 78 7,726/-

79. 5000 79 7,770/-

80. 5000 80 7,813/-

81. 5000 81 7,856/-

82. 5000 82 7,899/-

83. 5000 83 7,944/-

84. 5000 84 7,988/- 2019:DHC:5792

85. 5000 85 8,031/-

86. 5000 86 8,077/-

87. 5000 87 8,123/-

88. 5000 88 8,170/-

89. 5000 89 8,215/-

90. 5000 90 8,260/-

91. 5000 91 8,308/-

92. 5000 92 8,354/-

93. 5000 93 8,400/-

94. 5000 94 8,446/-

95. 5000 95 8,494/-

96. 5000 96 8,541/-

97. 5000 97 8,586/-

98. 5000 98 8,635/-

99. 5000 99 8,686/-

100. 5000 100 8,735/- TOTAL 5,00,000/- 100 FDR’s 6,71,721/- 2019:DHC:5792 Annexure - B Interest Rate as on 1st February 2017 S.No. FDR Amount (Rs.) Period of FDR (Months) Maturity Amount (Rs.)

1. 10,000/ 1 10,038/-

2. 10,000/ 2 10,097/-

3. 10,000/ 3 10,152/-

4. 10,000/ 4 10,214/-

5. 10,000/ 5 10,267/-

6. 10,000/ 6 10,349/-

7. 10,000/ 7 10,409/-

8. 10,000/ 8 10,467/-

9. 10,000/ 9 10,526/-

10. 10,000/ 10 10,586/-

11. 10,000/ 11 10,648/-

12. 10,000/ 12 10,719/-

13. 10,000/ 13 10,765/-

14. 10,000/ 14 10,827/-

15. 10,000/ 15 10,893/-

16. 10,000/ 16 10,957/-

17. 10,000/ 17 11,018/-

18. 10,000/ 18 11,081/-

19. 10,000/ 19 11,146/-

20. 10,000/ 20 11,208/-

21. 10,000/ 21 11,272/-

22. 10,000/ 22 11,336/-

23. 10,000/ 23 11,402/-

24. 10,000/ 24 11,466/-

25. 10,000/ 25 11,527/-

26. 10,000/ 26 11,594/- 2019:DHC:5792

27. 10,000/ 27 11,664/-

28. 10,000/ 28 11,732/-

29. 10,000/ 29 11,799/-

30. 10,000/ 30 11,865/-

31. 10,000/ 31 11,935/-

32. 10,000/ 32 12,002/-

33. 10,000/ 33 12,070/-

34. 10,000/ 34 12,138/-

35. 10,000/ 35 12,209/-

36. 10,000/ 36 12,278/-

37. 10,000/ 37 12,289/-

38. 10,000/ 38 12,360/-

39. 10,000/ 39 12,430/-

40. 10,000/ 40 12,501/-

41. 10,000/ 41 12,570/-

42. 10,000/ 42 12,640/-

43. 10,000/ 43 12,712/-

44. 10,000/ 44 12,783/-

45. 10,000/ 45 12,853/-

46. 10,000/ 46 12,925/-

47. 10,000/ 47 12,998/-

48. 10,000/ 48 13,070/-

49. 10,000/ 49 13,136/-

50. 10,000/ 50 13,213/- TOTAL 5,00,000/- 50 FDR’s 5,79,136/- 2019:DHC:5792 FAO 22/2015 Annexure A-7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24th May, 2019 + FAO 22/2015 & CM APPLN. 4501/2015 GEETA DEVI..... Appellant Through: Mr.Yogesh Swaroop, Mr.Kapil Kishore Kaushik, Mr.Saurabh Pandey and Mr.Raghubir Chandra, Advocates versus UNION OF INDIA..... Respondent Through: Mr.Brijesh Kumar Shukla, Ms.Shobha Sharma, Ms.Neelam Shukla and Ms.Sujata Dubey, Advocates for Railways and RCT Mr.Joydeep Mazumdar, Mr.Rohit Dutta, Ms.Debojyoti Bhattacharya and Ms.Priyata Chakraborty, Advocates for Northern Railways Mr.K.P. Yadav, Registrar, Principal Bench, RCT ACP Mahender Kr., HQ Railway, Insp. Naresh Kr. SHO/D. Cantt Railway and SI Yashpal Singh I/C Dar, Railway G.R.P. Mr.Jamal Akhtar, Standing counsel for GNCTD CORAM: HON'BLE MR.

JUSTICE J.R. MIDHA JUDGMENT (ORAL)

1. This order is the culmination of reports and responses secured from all the stake holders containing suggestions for amendment of the principal enactment, viz., the Railways Act, 1989 and some directions for modifications of statutory Rules and consequently, mandating notifications 2019:DHC:5792 FAO 22/2015 in the Government Gazette to give effect to them. While doing so, the written submissions dated 22nd May, 2019 made on behalf of the Chairman, RCT and the written submissions made by the respondent through Dy. Chief Commercial Manager, have been examined and assimilated to the extent found suitable.

2. As Regards Suggestions for Amendments to the Railways Act, 1989

2.1. Among the amendments suggested to the Railways Act, 1989, it is pointed out that the expression “dependant” occurring in Section 123 is misleading in situations when the deceased is a child and the claimants are the parents. When the deceased person is not an earning member, the characterization of a parent as ‘dependant’ is clearly a misnomer.

2.2. The expression “legal representatives” is familiar in claims relating to motor accident claims as well. The Motor Vehicles Act, 1988 which contains provisions for making claims before Motor Accident Claims Tribunal, enable through Section 166 that the claims in cases of deaths can be made by legal representatives of the deceased.

2.3. As regards Section 124A proviso (b), ‘self-inflicted injury’ occurring in Section 124A is incongruous so as to cause an exception, especially when “suicide or attempted to suicide” are already excepted under proviso (a). In a scheme of law providing for strict liability against railway administration, the issue of negligent conduct of the victim has no place. This has been so explained by the Supreme Court in United India Insurance Co. v. Sunil Kumar, 2018 ACJ 1 in a decision rendered under Motor Vehicles Act. While considering a claim made under Section 163A of the Motor Vehicles Act, the Supreme Court explained that the said provision relieves the claimant from proving negligence on the part of the respondent driver of a 2019:DHC:5792 FAO 22/2015 motor vehicle, who caused the accident. This judgment has been cited by the Supreme Court while interpreting this Section 124A of the Railways Act, 1989 in Union of India v. Rina Devi, 2018 ACJ 1441 and the Supreme Court ruled that the meaning of “self-inflicted injury” shall include only acts preceded by intention. In yet another case, in Kalindi Charan Sahoo v. General Manager, South-East Central Railway, Bilaspur, 2018 ACJ 1460 (SC), the Supreme Court explained, while setting aside the order of dismissal by the RCT and the High Court, that death occurring while deboarding near Railway Yard before scheduled stop at the Railway platform was to be considered as an ‘untoward incident’. In so doing, the Supreme Court was setting aside the assumption that such an incident would qualify as ‘self-inflicted injury’. In that view of the matter, the exceptions under proviso to Section 124A of the Railways Act, 1989 would require to be deleted. Under the circumstances, it is hoped that the respondent initiates process for suitable amendments to the Act in the manner and in the light of the aforesaid.

3. As Regards Amendment to Railway Claims Tribunal (Procedure) Rules, 1989

3.1. The constitution of Claims Tribunal through the Claims Tribunal Act, 1987 was with the idea of expediting claims and to provide for a turnkey solution to the victims of ‘accidents’ and ‘untoward incidents’ as defined under the Railways Act, 1989. Rule 5 of the Railway Claims Tribunal (Procedure) Rules, 1989 prescribes the form of application that shall be filed by the injured victims or the legal representatives (“dependants”) of the deceased victim of railway accident or untoward incident as the case maybe. An easy, yet exhaustive application that is in a semi optical mark reading 2019:DHC:5792 FAO 22/2015 (OMR) format can be easily filled in by the applicant with information gathered through police reports will be a sure tool for processing claims quickly and busting false and fabricated claims. It will also have a potential for futuristic use for online switch by applicants, receipt of online applications by the RCT and for disposal online. It is directed that all the applications for compensation in case of death/injury for accident/untoward incidents shall be filed in Format annexed hereto as Annexure – A[1].

3.2. The use of technology shall be put to optimum use for service of notice to parties. It is a common place occurrence that considerable time is lost at this stage of proceedings. Service through electronic mode, apart from postal service is most desirable and keeping in with technological advances that the Civil Procedure Code takes notice of. The existing Rule 5 (2), (2A) and (3) would require to be substituted. 3.2.1. Substitute existing Rule 5 (2) as follows:- “An application referred to sub-rule (1) may also be sent by registered post or electronic mail to the office of the Registrar or the Additional Registrar or the Assistant Registrar, as the case may be, of the Bench concerned.” 3.2.2. Substitute existing Rule 5 (2A) as follows:- “An application sent by post or electronic mail under sub-rule (2) shall be deemed to have been received on the day when the application is received by the Registrar, Additional Registrar or the 3.2.3. Insert following Rule 5(3A) after Rule 5 (3):- “ The application sent by email by the applicant shall also make available hardcopies of the application along with originals or duly certified true copies of originals of enclosures relied by the applicant by registered post to the Registrar, Additional Registrar or the Assistant Registrar.”

4. As Regards Amendment to the Railway Passengers (Manner of Investigation of Untoward Incident) Rules, 2003 2019:DHC:5792 FAO 22/2015

4.1. The Railway Passengers (Manner of Investigation of Untoward Incident) Rules of 2003 are the first trigger to every information that is relevant for processing a claim. It tasks the Station Master who obtains information regarding death or injury in railway premises, to inform the GRP apart from filling in details in a register maintained for that purpose at the Station premises. It will give control over the body of the injured victim to the Police and collect important information about the likely cause for the incident, the eye-witness accounts, the mobile phone call particulars, etc. It puts the RPF on job to work in tandem with GRP to collect oral and documentary evidence, more importantly, with the work of accessing registers such as the Train Signal Register (TSR), Guard’s rough journal or the loco-pilot’s diary. The Divisional Railway Manager to whom the Divisional Security Commissioner, RPF reports is empowered to order fresh investigation or affirm the reports of the police, both of the GRP and RPF and make them available if a claim is made along with the written statement.

4.2. Vide order dated 24th April, 2015, this Court directed the Detailed Accident Report (DAR Procedure) to be implemented in respect of Railway Accidents and untoward incidents. The format of the DAR was modified and revised vide order dated 17th May, 2017. Further suggestions have been canvassed on behalf of the respondent. This pertains to the data and vital information that shall be collected by the Investigation Officer, GRP and the RPF, apart from information that the Hospital records will bear out. These details will vouch for exhaustive and meticulous investigation that will assure the outcome of investigation to be perfect or as near as one could get at. There is a clear indication of all the documents that shall be appended 2019:DHC:5792 FAO 22/2015 along with the report and will be simultaneously uploaded in the website of the GRP, State Police. The modified Railway Passengers (Manner of Investigation of Untoward Incident) Rules, 2003 as approved, Forms I (Rule

4) and II (Rule 6) and the approved DAR are annexed herewith as Annexure – A[2], A[3], A[4] and A[5] respectively.

5. As Regards Amendment to the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990

5.1. Many of the claimants are drawn from rural areas with low levels of literacy and lower levels of making appropriate decision for the use of amounts guaranteed under the awards. There are several instances of their exploitation by middlemen and touts operating in the field. The scope for such exploitation is itself one of the incentives for fomenting bogus claims, fabricated documents and duplicate claims in different Benches of the Tribunal for the same cause of action. The availability of bulk funds in the name of an ill-informed claimant is also a cause for exploitation. A scheme for protection of the amount due to such a claimant is the need of the hour. Earlier, this Court has involved 21 Nationalised Banks in dialogue to evolve a scheme of annuities for disbursement of claims. They have been ordered already to be implemented in this case, vide directions passed on 22nd February, 2019. This scheme as applied to motor accident claims has been approved by the Supreme Court in its order dated 05th March, 2019 in Krishnamurthi v New India Insurance Company, SLP (C) No.31521- 31522 of 2017. A statutory rule backing will therefore best serve the interest of the litigant in the manner set out below:

5.2. Insert following Rule 5 after Rule 4:- “Rule 5: Mode of payment—(1) The Tribunal may, in order to protect the sum awarded to the claimant, having due regard to the 2019:DHC:5792 FAO 22/2015 illiteracy or other disabling factors impairing the judicious use of such sum, issue directions for disbursing the award in terms of annuities, fixed deposits or other suitable mode as shall subserve justice. (2) If any of the claimants is a minor or person of unsound mind, the Tribunal may give liberty to the guardian ad litem to use the interest accruals on the deposit that shall be made during the minority for maintenance. (3) Nothing in this Rule shall limit the power of the Tribunal to make modifications of the mode of disbursal for reasons to be stated in writing depending on the exigencies requiring liquidation of any corpus created for annuity or premature closure of fixed deposit, for the benefit of the claimant.”

6. Amendment in Railway (Notices of and Enquiries into Accidents) Rules, 1998

6.1. The Railway (Notices of and Enquiries into Accidents) Rules of 1998 sets an agenda for statutory enquiry into cause of any railway accident so that the preventive actions can be taken after recommendation of expert committees. The existing Rules contemplate information of an accident to be shared with the Railway Board, a protocol for providing medical aid and speedy restoration works for resumption of train services. These rules shall be further strengthened by providing legal aid to victims of accidents and further enable compensation amounts to be paid by a simple and seamless procedure.

6.2. Add following Rule 9A after Rule 9:- “(i) The reports containing the names and addresses of the injured victims or persons deceased shall be dispatched to the Principal Bench of the Railway Claims Tribunal. Wherever the names of next of kin of the deceased passengers are known, the said information shall also be furnished to the Principal Bench of the Railway Claims Tribunal.

(ii) Legal aid to claimants or victims of accidents: - It shall be the duty of the Railway Administration to forward the names of injured 2019:DHC:5792 FAO 22/2015 victims or the persons who died in a railway accident to the Principal Bench of the Railway Claims Tribunal for rendering appropriate legal aid for obtaining compensation in the manner provided under the Railway Claims Tribunal Act and to that end, wherever information is available, the names of the next of kin shall also be furnished to the Principal Bench of the Railway Claims Tribunal.”

6.3. Legislative amendments to the Central enactment shall be prerogative of the Parliament and hence the suggestions contained in this order shall be viewed as such and the respondent shall endeavour to initiate the process in an appropriate way for bringing to fruition the changes. As far as the modifications as regards the Rules which are within the executive domain, since they are issued after eliciting the views of the respondent including the principal officer of the Railway Claims Tribunal, it is expected that these changes are notified in the Government Gazette after following the usual procedure for public notice and publication.

7. These directions be implemented w.e.f. 1st July, 2019.

8. List for reporting compliance and hearing on merits of the case on 19th July, 2019.

9. This Court appreciates valuable assistance rendered by Mr. Brijesh Kumar Shukla, Advocate and Mr. Joydeep Mazumdar, Advocate in this matter.

10. Copy of this judgment be given dasti to counsel for the parties under the signatures of the Court Master. J.R. MIDHA, J. MAY 24, 2019 ds/dk 2019:DHC:5792 Annexure A-8 MOTOR ACCIDENT CLAIMS ANNUITY DEPOSIT (MACAD) SCHEME

1 Purpose One time lump sum amount, as decided by the Court / Tribunal, deposited to receive the same in Equated Monthly Instalments (EMIs), comprising a part of the principal amount as well as interest.

11 Premature Payment i. Premature closure or part lump sum payment of MACAD during the life of the claimant will be made with permission of the court. However, if permitted, the annuity part will be reissued for balance tenure and amount, if any, with change in annuity amount. ii. Premature closure penalty will not be charged. iii. In case of death of the claimant, payment to be given to the nominee. The nominee has an option to continue with the annuity or seek pre-closure.

12 Tax deduction at source i. Interest payment is subject to TDS as per Income Tax Rules. Form 15G/15H can be submitted by the Depositor to get exemption from the Tax deduction. ii. The annuity amount on monthly basis net of TDS, will be credited to the MACT Savings Bank account. 2019:DHC:5792 MACT CLAIMS SB ACCOUNT Features Particulars / Details Eligibility Individuals including Minors (through guardian) in single name. Minimum/Maximum Balance Requirement Not applicable Cheque book / Debit Card / ATM Card / Welcome Kit/ Internet Banking / Mobile Banking facility i. By default, these facilities are not available in this product. ii. However, in case these facilities have already been issued, the court shall direct the bank to cancel the same before the disbursement of the award amount. iii. The bank shall make an endorsement on the passbook of the claimant(s) to the effect that no cheque book and/or debit card have been issued and shall not be issued without the permission of the Court. Operations in the account i. Only single operation. ii. In case of Minor accounts, the operation will be through guardian. Withdrawals Only through Withdrawal Forms or through Bio-Metric authentication. Product change Not permitted Place of Opening Only at the Branch near to the place of residence of Claimant (as directed by the Court). Account Transfer Not allowed Nomination Available Passbook Available Rate of Interest As applicable to Regular SB accounts Statement by e-mail Available P.S.:- Any other terms and conditions of SB account in Bank are applicable.