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The Railways Act, 1890

( ACT NO. IX Of 1890 )

Chapter VIII

ACCIDENTS

Report of the railway accidents
83. When any of the following accidents occur in the course of working the railway, namely:-
 
 
(a) any accident attended with loss of human life, or with grievous hurt as defined in the 1[Penal Code], or with serious injury to property;
 
 
(b) any collision between trains of which one is a train carrying passengers;
 
 
(c) the derailment of any train carrying passengers or of any part of such a train;
 
 
(d) any accident of a description usually attended with loss of human life or with such grevious hurt as aforesaid or with serious injury to property;
 
 
(e) any accident of any other description which the Government may notify in this behalf in the official Gazette;
 
 
the railway administration working the railway and, if the accident happens to a train belonging to any other railway administration, the other railway administration also shall, without unnecessary delay, send notice of the accident to the Government and to the Inspector appointed for the railway; and the station master nearest to the place at which the accident occurred or, where there is no station-master, the railway servant in charge of the section of the railway on which the accident occurred shall, without unnecessary delay, give notice of the accident to the Magistrate of the district in which the accident occurred, and to the officer in charge of the police-station within the local limits of which it occurred, or to such other Magistrate and police-officer as the Government appoints in this behalf.
Power to make rules regarding notices of and inquiries into accidents
84. The Government may make rules consistent with this Act and any other enactment for the time being in force for all or any of the following purposes, namely:-
 
 
(a) for prescribing the forms of the notices mentioned in the last foregoing section, and the particulars of the accident which those notices are to contain;
 
 
(b) for prescribing the class of accidents of which notice is to be sent by telegraph immediately after the accident has occurred;
 
 
(c) for prescribing the duties of the railway servants, police-officers, Inspectors and Magistrates on the occurrence of an accident.
Submission of return of accidents
85. The railway administration shall send to the Government a return of accidents occurring upon its railway, whether attended with personal injury or not, in such form and manner and at such intervals of time as the Government directs.
Provision for compulsory medical examination of person injured in the railway accident
86. Whenever any person injured by an accident on the railway claims compensation on account of the injury, any Court or person having by law or consent of parties authority to determine the claim may order that the person injured be examined by some duly qualified medical practitioner named in the order and not being a witness on either side, and may make such order with respect to the cost of the examination as it or he thinks fit.

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Ministry of Law, Justice and Parliamentary Affairs