Compensation on account of untoward incidents
Section 124A of the Railways Act, 1989 deals with compensation on account of untoward incidents. When in the course of working a railway an untoward incident occurs, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or the dependant of a passenger who has been killed to maintai The Act came into force on 01 Jul 1990.
1[124A. Compensation on account of untoward incidents.-- When in the course of working a railway an untoward incident occurs, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or the dependant of a passenger who has been killed to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only of loss occasioned by the death of, or injury to, a passenger as a result of such untoward incident:
Provided that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to--
(a) suicide or attempted suicide by him;
(b) self-inflicted injury;
(c) his own criminal act;
(d) any act committed by him in a state of intoxication or insanity;
(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.
Explanation.--For the purpose of this section, "passenger" includes--
(i) a railway servant on duty; and
(ii) a person who has purchased a valid ticket for travelling, by a train carrying passengers, on any date or a valid platform ticket and becomes a victim of an untoward incident.]
Section 124A, 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.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Jameela v. Union of India
Court's Decision & Legal Precedent
Judgment of Main Case order-8.pdf 2010-08-27. Index date 2010-08-27; body prints New Delhi August 27, 2010 (Aftab Alam / R.M. Lodha). DATE-CHECK false-positive VERIFY (not DATE VERIFIED banner) — Ghisalal/Thwaha/Eera pattern; the document is the named Jameela merits. CA 1184/2003. Isolate: Railways Act 1989 s.124A no-fault compensation for an untoward incident (accidental falling of a passenger); passenger negligence (standing at an open door) is not a 'criminal act' under proviso (c) (no mens rea) and does not defeat compensation. Recites s.123(c) definition — do not pad 123. NEW central act.
On this section: Railways Act s.124A no-fault compensation for an untoward incident (accidental falling) is not defeated by ordinary passenger negligence, which is not a criminal act under proviso (c) (Jameela).
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Union of India vs Prabhakaran Vijayakumar
Court's Decision & Legal Precedent
When a bona fide passenger holding a valid ticket attempts to board a moving train and falls as a result, this constitutes an 'accidental falling of a passenger from a train carrying passengers' within the meaning of Section 123(c) of the Railways Act, 1989, and therefore qualifies as an 'untoward incident' entitling the passenger or their dependents to compensation under Section 124A of the Railways Act. The Railways Act, being a beneficial welfare statute, must be interpreted liberally and purposively to advance its object of protecting railway passengers, not narrowly or technically. Strict liability applies under Section 124A irrespective of fault or negligence on the part of the Railway Administration, and this principle extends to public undertakings as part of the constitutional duty of the Welfare State to protect its citizens.
On this section: Compensation on account of untoward incident - establishes strict liability (no fault liability) for railway administration. Court held that compensation is payable regardless of fault, and the accident did not fall within the proviso's exceptions.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
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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… and (b) in respect of the claims for refund of fares or part thereof or for refund of any freight paid in respect of animals or goods entrusted to a railway administration to be carried by railway. (1A) The Claims Tribunal shall also exercise, on and from the date of commencement of the provisions of section 124A of the Railways Act, 1989 (24 of 1989), all such jurisdiction, powers and authority as were exercisable immediately before that date by any civil court in respect of claims for compensation now payable by the railway administration under section 124A of the said Act or the rules made thereunder. (1B) The Claims …
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… of this case as discussed above and preponderance of evidence on record, I have come to the conclusion that the deceased was neither a passenger of the alleged train nor did he fall from the said train. Accordingly, the incident is not covered under "untoward incident" as defined under Section 123(c)(2) read with Section 124A of the Railways Act, 1989. Hence, issue nos. 1 and 2 taken together are decided against the applicant." 10. At the outset, upon an examination of the aforementioned facts vis-à-vis on appreciation of the evidence led on the record, it becomes …
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… It appears that the deceased had jumped in front of the moving train, and therefore, the respondent is able to bring out a valid defence under Section 124A of the Railways Act, 1989. It goes without saying that no railway ticket was found on the body of the deceased. The learned RCT has rightly concluded that the testimony of AW-2 was not inspiring confidence. 12. At the cost of repetition, the testimony of Loco Pilot, Sh. Sanjay Tomar, is categorical to the effect …
Questions about Section 124A
What have the courts held on Section 124A of the Railways Act?
Jameela v. Union of India (27 Aug 2010) is the leading judgment on this section among those set out below: Railways Act s.124A no-fault compensation for an untoward incident (accidental falling) is not defeated by ordinary passenger negligence, which is not a criminal act under proviso (c) (Jameela). Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2008 to 2010.
How do I find court cases under Section 124A 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 124A, section 124A Railways Act 1989, section 124A of the Railways Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Jameela v. Union of India (27 Aug 2010).
What should I read with Section 124A of the Railways Act, and has it changed?
4 other provisions in this corpus refer back to it.
When did Section 124A of the Railways Act come into force?
Section 124A of the Railways Act, cited as Railways Act 1989 124A, 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.