Ministry of Labour and Employment payment of Compensation under the Workman's compensation Act 1923 to the Government servants who are injured or died as a result of railway accident while on duty Question whether a pass anger who may be entitled to recover compensation from railway administration in his capacity as a passenger on account of an accident on railways should be debarred from recovering compensation under the Workman's Compensation Act from his employer if such compensation is due to him under the Act. The following extract from the statement of objects and reasons to the amendment of Section 82-H of the Indian Railways Act, 1890 was Sent to Labour Ministry : Section 82H of the Act Provides that the right to claim compensation under Section 82A does not affect the right to claim compensation under the Workman's Compensation Act or any other law for the time being in force. This has been interpreted to mean that, in respect of the same accident, claims may be made for compensation under the Railways Act as well as under the Workman's Compensation Act or any other law. Prima facie there seems to be no reason why compensation should be paid under more than one law especially when the railway has assumed liability whether there is negligence on the Part of the railway or not and also when the maximum limit of liability is to be increased to rs 20000 it is accordingly proposed to restrict the right to claim compensation under any one of the Laws referred to above. This does not however, affect the right to claim compensation under any contract or scheme or policy of Insurance

Keywords	P.D Gaiba Indian Railways Act
Department	Ministry of Railway
Branch	Establishment Labour Welfare Act
From Year / Date (YYYY-MM-DD)	1963
To Year / Date (YYYY-MM-DD)	1961
Identifier	PR_211200034342
File No.	E/LWA63AT/WC/1-14/1
Location	Repository-4
File Size	3.4 MB
Pages	8
Collection	Digitized Public Records Ministry of Railway
Language	English