Extent of liability
Section 124 of the Railways Act, 1989 deals with extent of liability. When in the course of working a railway, an accident occurs, being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, then whether or not there has been any wrongful act, neglect The Act came into force on 01 Jul 1990.
When in the course of working a railway, an accident occurs, being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, 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 has suffered a loss to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction, damage or deterioration of goods owned by the passenger and accompanying him in his compartment or on the train, sustained as a result of such accident.
Explanation.-- For the purposes of this section "passenger" includes a railway servant on duty.
Section 124, The Railways Act, 1989 (Act 24 of 1989).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Furthermore, the investigation reports explicitly indicate that the cause of death was "due to injuries sustained from falling from the train." The appellants also assert that the deceased falls within the ambit of an "untoward incident" as defined under Section 123(c)(2) read with Section 124(A) of the Railways Act, 1989, an aspect which the learned RCT failed to duly consider while delivering the impugned order. Instead, the learned RCT relied solely on mere doubts to dismiss the claim for compensation. Therefore, it is prayed that the impugned order be set aside and the claim for compensation be …
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… Based on the pleadings, learned RCT framed the following issues: - - "1. Whether the deceased was a bona-fide passenger in the train in question at the time of incident? - 2. Whether there was any untoward incident as is defined under the provisions of Section 123 (c) read with Section 124(A) of Railways Act, 1989? - 3. Whether the applicants are dependants of the deceased? - 4. Whether the applicants are entitled for any relief and interest as prayed for in the application? - 5. Relief if any?" 5. The claimants/appellants in order to prove their case, examined Smt. Manju, wife of the …
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… However, in the appendix what is stated is that the appellant/applicant had not produced any oral or documentary evidence. In the context of tortious liability of the railway administration it is relevant to refer to Section 124 of the Railways Act, 1989 which reads thus:- "Extent of liability.- When in the course of working <sup>a</sup> railway, an accident occurs, being either <sup>a</sup> collision between trains of which one is <sup>a</sup> train carrying passengers or the derailment of or other accident to <sup>a</sup> train or any …
Questions about Section 124
What does Section 124 of the Railways Act deal with?
Section 124 of the Railways Act is headed "Extent of liability". When in the course of working a railway, an accident occurs, being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, then whether or not there has been any wrongful act, neglect
How do I find court cases under Section 124 of the Railways Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Railways Act 1989 124, section 124 Railways Act 1989, section 124 of the Railways Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 124 of the Railways Act, and has it changed?
4 other provisions in this corpus refer back to it.
When did Section 124 of the Railways Act come into force?
Section 124 of the Railways Act, cited as Railways Act 1989 124, came into force on 01 Jul 1990, having been enacted on 03 Jun 1989. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1289 words
- 90. Disposal of unremoved goods at notified stations852 words
- 20F. Determination of amount payable as compensation652 words
- 89. Power to declare notified stations529 words
- 138. Levy of excess charge and fare for travelling without proper pass or ticket or beyond authorised distance492 words
- 16. Accommodation works485 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.