Chapter XIII — LIABILITY OF RAILWAY ADMINISTRATION FOR DEATH AND INJURY TO PASSENGERS DUE TO ACCIDENTS

Section 123Definitions

Section 123: Definitions

123. Definitions

In this Chapter, unless the context otherwise requires,

(a)

"accident" means an accident of the nature described in section 124;

(b)

"dependant" means any of the following relatives of a deceased passenger, namely:—

(i)

the wife, husband, son and daughter, and in case the deceased passenger is unmarried or is a minor, his parent;

(ii)

the parent, minor brother or unmarried sister, widowed sister, widowed daughter-in-law and a minor child of a pre-deceased son, if dependant wholly or partly on the deceased passenger;

(iii)

a minor child of a pre-deceased daughter, if wholly dependant on the deceased passenger;

(iv)

the paternal grand parent wholly dependant on the deceased passenger;

(c)

"untoward incident" means—

(1)

(i) the commission of a terrorist act within the meaning of sub-section (1) of section (3) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or

(ii)

the making of a violent attack or the commission of robbery or dacoity; or

(iii)

the indulging in 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; or

(2)

the accidental falling of any passenger from a train carrying passengers.

Amendment notes (1)
  1. Ins w.e.f. 1-8-1994 Ins. by Act 28 of 1994, s. 2 (w.e.f. 1-8-1994).