The family of S. Swathi, the Infosys employee who was murdered at Nungambakkam railway station here on June 24, is entitled to compensation under the provisions of the Railways Act, 1989, sources said on Friday.
Section 123 of the Act explains “unnatural incident” as the commission of a terrorist act or the making of a violent attack or the commission of robbery or dacoity or the indulging in rioting, shoot-outs 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.”
Swathi was a victim of a violent attack on the railway platform. She was hacked to death by a suspect who was later identified as P. Ramkumar and arrested.
The definition of passenger for award of compensation under Section 124 is “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”.
“Swathi was a bonafide passenger with a valid season ticket. A claim for compensation has to be made by the family before the Railway Claims Tribunal, Chennai Bench. In such cases, the final report of the Government Railway Police or Railway Protection Force will be the basis for disposing of the claims,” a railway official speaking on condition of anonymity said.
In the last two years, the Railways paid a compensation of Rs. 2.76 crore under the provisions of Section 124 for death/injury in train accidents to passengers, railway employees and others.
Section 124 (A) further clarifies that when an “untoward incident” occurs resulting in the death/injury of a passenger, the victim or family shall be entitled for compensation irrespective of whether there was any wrongful act or neglect on the part of railway administration, sources added.
The family has to make a claim for compensation before the Railway Claims Tribunal
