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The Railways Act, 1890

( ACT NO. IX Of 1890 )

Chapter VII

RESPONSIBILITY OF THE RAILWAY ADMINISTRATIONS AS CARRIERS

Liability of the Railway Administration in respect of accidents to trains carrying passengers
1[82A. (1) When in the course of working the railway an accident occurs, being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, 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 person who has been injured or has suffered loss to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding any other provision of law to the contrary, be liable to pay compensation to the extent set out in sub-section (2) and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction or deterioration of animals or goods owned by the passenger and accompanying the passenger in his compartment or on the train, sustained as a result of such accident.
 
 
(2) The liability of the railway administration under this section shall in no case exceed ten thousand Taka in respect of any one person.]

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    Section 82A was inserted by section 2 of the Indian Railways (Amendment) Act, 1943 (Act No. III of 1943)
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