The Ministry of Railways has said that no one affected by the Balasore train accident last year had contested the relief granted to them by the national transporter and asserted that any compensation provided by Railway Claims Tribunals (RCT) “is over and above the ex-gratia relief given by the Railways”. Responding to a report published Saturday in The Indian Express titled “Lives derailed, most Balasore train disaster victims contest Railway relief — and get higher award in Tribunal”, the Railways said, “RCT is a claim tribunal, and is not an appellate tribunal. The claim amount is over and above the ex-gratia relief given by Railways. In many cases, one can have a claim under RCT and Balasore is not a standalone case. No one contested the Railway relief i.e ex-gratia.” It said, “Ex gratia and compensation are two different provisions and combining these is wrong.” The Indian Express report detailed key findings from RCT case records related to the Balasore accident in which 297 people were killed and over 800 injured - mainly that of the 1,102 people who were either injured or died in the train crash, 841 victims and their families had approached six RCTs to claim compensation. Responding to another finding in the report that in at least 215 cases of injuries, the Railways questioned the involvement of victims in the accident during RCT proceedings - and demanded proof of travel, the Railways said, “Necessary documentary proof has to be produced in the tribunal by the applicant. Railways has not demanded any proof. This is (a) prerequisite for any claim”. On the finding that 22 cases were pending before the Patna RCT, the Ministry said: “It is a quasi judicial proceeding. It is between the tribunal and the claimants for necessary checks.” In addition, the Ministry said, “Railway pays ex-gratia relief just after the accident/ untoward incident under section 123 of Railway Act 1989. In this case, relief was Rs 10 lakh in case of death, Rs 2 lakh in case of grievous injury and Rs 50,000 in case of simple injury.” It said, “Claimants can apply to RCT. to get compensation as per the Railway Act 1989 under section 129. As per the Act, compensation is being paid as per the notification 1165 (E). Death case is Rs 8,00,000. Grievous injury included in part II of the notification is also Rs 8,00,000. Other injuries, amount of compensation differs between Rs 64,000 and Rs 7,20,000.”
