RAILWAY CLAIMS TRIBUNAL ACT, 1987
(1) This Act may be called the Railway Claims Tribunal Act, 1987.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the Central Government may, by notification, appoint.
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1. 8-11-1989, vide S.O. 783(E), dated 5th October, 1989.
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In this Act, unless the context otherwise requires,—"
(a) “application” means an application made under section 16;
(b) “appointed day” means the date1 with effect from which the Claims Tribunal is established under section 3;
(c) “Bench” means a Bench of the Claims Tribunal;
(d) “Chairman” means the Chairman of the Claims Tribunal;
(e) “Claims Tribunal” means the Railway Claims Tribunal established under section 3;
(f) “Judicial Member” means a Member of the Claims Tribunal appointed as such under this Act, and includes the Chairman or Vice-C
The Central Government shall, by notification, establish a Claims Tribunal, to be known as the Railway Claims Tribunal, to exercise the jurisdiction, powers and authority conferred on it by or under this Act."
(1) The Claims Tribunal shall consist of a Chairman, four Vice-Chairmen and such number of Judicial Members and Technical Members as the Central Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and authority of the Claims Tribunal may be exercised by Benches thereof."
(2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one Technical Member.
(3) Notwithstanding anything contained in sub-section (1), the Chairman—
(a) may, in addition to discharging the functions of the Judicial Member or the Technical Member of the Bench to which he is appointed, discharge the functions of the Judicial Member or, as the case may be, the Technical Member, of any other Bench;
(1) A person shall not be qualified for appointment as the Chairman unless he—"
(a) is, or has been, a Judge of a High Court; or
(b) has, for at least two years, held the office of a Vice-Chairman.
(2) A person shall not be qualified for appointment as the Vice-Chairman unless he—
(a) is, or has been, or is qualified to be, a Judge of a High Court; or
(b) has been a member of the Indian Legal Service and has held a post in Grade I of that service or any higher post for at least five years; or
(c) has, for at least five years, held a civil judicial post carrying a scale of
1. In the event of the Occurrence of any vacancy in the office of the Chairman by reason of his death, resignation or otherwise, such one of the Vice-Chairman as the Central Government may, by notification, authorise in this behalf, shall act as the Chairman until the date on which a new Chairman, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office.
2. When the Chairman is unable to discharge his functions owing to absence, illness or any other cause, such one of the Vice-Chairman as the Central Government may, by notification, authorise in this behalf, shall discharge the functions of the Chairman until the date on which the Chairman resumes his duties.
The Chairman, Vice-Chairman or other Member shall hold office as such for a term of five years from the date on which he enters upon his office or until he attains,—"
(a) in the case of the Chairman, the age of sixty-five years; and
(b) in the case of the Vice-Chairman or any other Member, the age of sixty-two years,
whichever is earlier.
(1) The Chairman, Vice-Chairman or other Member may, by notice in writing under his hand addressed to the President, resign his office\:"
Provided that the Chairman, Vice-Chairman or other Member shall, unless he is permitted by the President to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.
(2) The Chairman, Vice-Chairman or any other Member shall not be removed from his office except by an order made by the President on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court in which such Chairman, Vice-Chairman or other Member had been informed of the charges against hi
The salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members shall be such as may be prescribed\:"
Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairman, Vice-Chairman or other Member shall be varied to his disadvantage after his appointment.
On ceasing to hold office—"
(a) the Chairman of the Claims Tribunal shall be ineligible for further employment either under the Government of India or under the Government of a State;
(b) a Vice-Chairman shall, subject to the other provisions of this Act, be eligible for appointment as the Chairman of the Claims Tribunal, or as the Chairman, Vice-Chairman or member of any other Tribunal established under any law for the time being in force, but not for any other employment either under the Government of India or under the Government of a State;
(c) a Member (other than the Chairman or Vice-Chairman) shall, subject to the other provisions of this Act, be eligible for appointment as the Chairman or Vice-Chairman or as the Chairman, Vice-Chairman or member of any other Tribunal establis
The Chairman shall exercise such financial and administrative powers over the Benches as may be vested in him under the rules\:"
Provided that the Chairman shall have authority to delegate such of his financial and administrative powers as he may think fit to the Vice-Chairman or any other officer of the Claims Tribunal, subject to the condition that the Vice-Chairman or such officer shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the Chairman.
(1) The Central Government shall determine the nature and categories of the officers and other employees required to assist the Claims Tribunal in the discharge of its functions and provide the Claims Tribunal with such officers and other employees as it may think fit."
(2) The officers and other employees of the Claims Tribunal shall discharge their functions under the general superintendence of the Chairman.
(3) The salaries and allowances and conditions of service of the officers and other employees of the Claims Tribunal shall be such as may be prescribed.
(1) The Claims Tribunal shall exercise, on and from the appointed day, all such jurisdiction, powers and authority as were exercisable immediately before that day by any civil court or a Claims Commissioner appointed under the provisions of the Railways Act,—"
(a) relating to the responsibility of the railway administrations as carriers under Chapter VII of the Railways Act in respect of claims for—
(i) compensation for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to a railway administration for carriage by railway;
(ii) compensation payable under section 82A of the Railways Act* or the rules made thereunder; and
(b) in respect of the claims for refund of fares or part thereof or for refund of any fr
(1) Where any Benches are constituted, the Central Government may, from time to time, by notification, make provisions as to the distribution of the business of the Claims Tribunal amongst the Benches and specify the matters which may be dealt with by each Bench."
(2) If any question arises as to whether any matter falls within the purview of the business allocated to a Bench, the decision of the Chairman shall be final.
Explanation.—For the removal of doubts, it is hereby declared that the expression “matters” includes an application under section 20.
On and from the appointed day, no court or other authority shall have, or be entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in 1[sub-sections (1) and (1A)] of section 13.
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1. Subs. by Act 28 of 1994, sec. 10, for “sub-section (1)” (w.e.f. 1-8-1994).
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(1) A person seeking any relief in respect of the matters referred to in sub-section (1) 1[or sub-section (1A)] of section 13 may make an application to the Claims Tribunal."
(2) Every application under sub-section (1) shall be in such form and be accompanied by such documents or other evidence and by such fee in respect of the filing of such application and by such other fees for the service or execution of processes as may be prescribed:
Provided that no such fee shall be payable in respect of an application under sub-clause (ii) of clause (a) of sub-section (1) 1[or, as the case may be, sub-section (1A)] of section 13.
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1. Ins. by Act 28 of 1994, sec. 11 (w.e.
(1) The Claims Tribunal shall not admit an application for any claim—"
(a) under sub-clause (i) of clause (a) of sub-section (1) of section 13 unless the application is made within three years from the date on which the goods in question were entrusted to the railway administration for carriage by railway;
(b) under sub-clause (ii) of clause (a) of sub-section (1) 1[or, as the case may be, sub-section (1A)] of section 13 unless the application is made within one year of occurrence of the accident;
(c) under clause (b) of sub-section (1) of section 13 unless the application is made within three years from the date on which the fare or freight is paid to the railway administration:
Provided that no application for any claim referred to
(1) The Claims Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Claims Tribunal shall have powers to regulate its own procedure including the fixing of places and times of its enquiry.
(2) The Claims Tribunal shall decide every application as expeditiously as possible and ordinarily every application shall be decided on a perusal of documents, written representations and affidavits and after hearing such oral arguments as may be advanced.
The Railway Claims Tribunal Act, 1987 was enacted to provide for the establishment of a Tribunal for the adjudication of claims against railway administrations. Section 18 of this Act is a pivotal provision that outlines the procedure and powers of the Claims Tribunal, granting it significant flexibility in conducting proceedings while vesting it with powers akin to those of a civil court under the Code of Civil Procedure, 1908.
Section 18 of the Railway Claims Tribunal Act, 1987 provides that:
Section 18 operates as the procedural backbone of the Tribunal's functioning. It establishes a balance between procedural flexibility and adherence to fundamental legal principles. The scope extends to:- Adjudication of claims for compensation in railway accidents- Determination of untoward incidents under the Railways Act, 1989- Management of documentary and oral evidence- Awarding of interest on compensation amounts
Section 18 itself does not prescribe any punishment. It is a procedural provision that empowers the Tribunal to conduct inquiries and adjudicate claims. The "punishment" or consequence flows from the Tribunal's adjudicatory function - it can dismiss claims, award compensation, or pass such orders as may be necessary for effective adjudication.
Procedural Flexibility - The Tribunal is not bound by CPC procedure but must be guided by principles of natural justice and rules framed by the Tribunal. [BINOD KUMAR SINHA VS UNION OF INDIA - Patna (2019)]
Power to Award Interest - The Tribunal has the power to award interest on compensation amounts under Section 34 CPC, even though no specific provision for interest exists in the Act or Rules. [UNION OF INDIA (UOI) VS A. JANARDHANAN - Madras (1998)]
Civil Court Powers - Section 18 confers upon the Tribunal the same powers as vested in a civil court under CPC for summoning witnesses, requiring document production, and receiving evidence on affidavits. [Union of India through the General Manager, East Central Railway, Hazipur, P. O. & P. S. Hazipur, District-Vaishali (Bihar) VS Dashrath Darve son of Rakshu Darve - 2019 0 Supreme(Jhk) 352]
Burden of Proof - The burden of proof in accident claims is a static obligation that never shifts, while the onus of proof can shift during evaluation of evidence based on preponderance of probability. [BINOD KUMAR SINHA VS UNION OF INDIA - Patna (2019)]
Initial Onus on Claimant - The initial burden to prove that the deceased was a bona fide passenger lies upon the applicant/claimant, which can be discharged through production of a valid ticket or other evidence. [BINOD KUMAR SINHA VS UNION OF INDIA - Patna (2019)]
Evidence Beyond Ticket - It may not be necessary in all circumstances to produce a valid journey ticket; other ways include statements of accompanying persons or evidence of ticket checking by TTE. [BINOD KUMAR SINHA VS UNION OF INDIA - Patna (2019)]
Railway's Rebuttal Obligation - Once initial onus is discharged by claimant, it becomes obligatory on the Railways to disapprove it by evidence; merely denying an assertion is not sufficient. [BINOD KUMAR SINHA VS UNION OF INDIA - Patna (2019)]
Pleadings Not Evidence - Pleadings alone cannot be taken as proof of a fact asserted; the claimant must offer proof for the same beyond mere pleadings. [BINOD KUMAR SINHA VS UNION OF INDIA - Patna (2019)]
Death Investigation Presumption - Courts cannot assume that cause of death on railway tracks would go uninvestigated as both railway and state police have sufficient investigating machinery. [Union of India VS Parwatibai w/o. Nagnath Supare - 2006 0 Supreme(Bom) 1886]
Appeal on Facts - Appeals against Tribunal orders are available on questions of fact as well as law, and guidance from Order XLI Rule 11 CPC should be permitted though CPC is excluded. [Union of India VS Parwatibai w/o. Nagnath Supare - 2006 0 Supreme(Bom) 1886]
Compensation Withdrawal - The Tribunal may permit withdrawal of compensation amounts and direct the rest to be kept in fixed deposits for specified periods as per guidelines for accident cases. [G. Nazeer Ahmad VS Union of India - 2003 0 Supreme(AP) 541]
DRM Report Production - The Tribunal can pass orders for personal appearance of railway authorities if DRM reports are not produced, as such reports are vital for quantifying compensation. [Union of India through the General Manager, East Central Railway, Hazipur, P. O. & P. S. Hazipur, District-Vaishali (Bihar) VS Dashrath Darve son of Rakshu Darve - 2019 0 Supreme(Jhk) 352]
Expeditious Adjudication - The Tribunal was constituted for speedy and proper adjudication of claims, and railway authorities cannot act contrary to the spirit of the Act. [Union of India through the General Manager, East Central Railway, Hazipur, P. O. & P. S. Hazipur, District-Vaishali (Bihar) VS Dashrath Darve son of Rakshu Darve - 2019 0 Supreme(Jhk) 352]
Counter Evidence Importance - In the absence of counter evidence from the Railways, discrepancies in the claimant's evidence may not be considered material enough to dismiss the claim. [Bhola Chauhan VS Union of India - 2012 0 Supreme(Pat) 1632]
Independent Witness Credibility - The relaxed procedural rules of the RCT Act allow for evaluation of evidence where independent eye witness statements hold significant weight. [Savita VS Union of India - 2014 0 Supreme(Del) 415]
No Strict Evidence Act Compliance - Strict compliance with Chapter VII of the Evidence Act is not warranted; the prescribed mode is by affidavit, but evidence evaluation follows burden of proof principles. [BINOD KUMAR SINHA VS UNION OF INDIA - Patna (2019)]
Statutory Compensation - Courts have awarded statutory compensation of Rs. 4 lacs with interest under Section 18 read with Railways Act provisions, setting aside Tribunal orders that dismissed claims on technical discrepancies. [Savita VS Union of India - 2014 0 Supreme(Del) 415]
Good Faith Protection - Section 27 of the RCT Act provides that no legal proceeding shall lie against the Government or Tribunal members for anything done in good faith. [Union of India through the General Manager, East Central Railway, Hazipur, P. O. & P. S. Hazipur, District-Vaishali (Bihar) VS Dashrath Darve son of Rakshu Darve - 2019 0 Supreme(Jhk) 352]
(1) A person making an application to the Claims Tribunal may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Claims Tribunal."
(2) A railway administration may authorise one or more legal practitioners or any of its offcers to act as presenting officers and every person so authorised by it may present its case with respect to any application before the Claims Tribunal.
On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairman may transfer any case pending before one Bench, for disposal, to any other Bench."
If the Members of a Bench differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairman who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members and such point or points shall be decided according to the opinion of the majority of the Members who have heard the case, including those who first heard it."
(1) An order made by the Claims Tribunal under this Act shall be executable by the Claims Tribunal as a decree of civil court, and, for this purpose, the Claims Tribunal shall have all the powers of a civil court."
(2) Notwithstanding anything contained in sub-section (1), the Claims Tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that court.
(1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in any other law, an appeal shall lie from every order, not being an interlocutory order, of the Claims Tribunal, to the High Court having jurisdiction over the place where the Bench is located.
(2) No appeal shall lie from an order passed by the Claims Tribunal with the consent of the parties.
(3) Every appeal under this section shall be perferred within a period of ninety days from the date of the order appealed against.
(1) Every suit, claim or other legal proceeding (other than an appeal) pending before any court, Claims Commissioner or other authority immediately before the appointed day, 1[or, as the case may be, the date of commencement of the provisions of sub-section (1A) of Section 13] being a suit, claim or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after the appointed day, 1[or, as the case may be, the date of commencement of the provisions of sub-section (1A) of section 13] within the jurisdiction of the Claims Tribunal, shall stand transferred on 2[that day or, as the case may be, date] to the Claims Tribunal.
(2) Where any suit, claim or other legal proceeding stands transferred from any court, Claims Commissioner or other authority to the Claims Tribunal under sube-section (1),—
(a)
All proceedings before the Claims Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code, 1860 (45 of 1860)."
The Chairman, Vice-Chairman and other Members and the officers and other employees of the Claims Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860)."
No suit, prosecution or other legal proceeding shall lie against the Central Government or against the Chairman, Vice Chairman or other Member, or any other person authorized by the Chairman, Vice-Chairman or other Member for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made there under.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act."
1. If any difficulty arises in giving effect to provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of three years from the appointed day.
2. Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
(1) The Central Government may, by notification, make rules to carry out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—
(a) the procedure under sub-section (3) of section 8 for the investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman or other Member;
(b) salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman, Vice-Chairman and other Members under section 9;
(c) the financial and administrative powers which the Chairman may exercise over the Benches under section 11;
The power to make rules under clause (b) of sub-section (2) of section 30 shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this Act received the assent of the President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.]
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1. Ins. by Act 4 of 1999, sec. 2 (w.e.f. 2-1-1999).
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In section 3 of the Railways Act, after clause (18), the following clause shall be inserted, namely:—
‘(19) “Claims Tribunal” means the Railway Claims Tribunal established under section 3 of the Railway Claims Tribunal Act, 1987.’.
In section 78A of the Railways Act, for the word “suit”, the words “application before the Claims Tribunal” shall be substituted.
For section 80 of the Railways Act, the following section shall be substituted, namely\:—"
“80. Application for compensation.—An application to the Claims Tribunal for compensation for loss of the life of, or personal injury to, a passenger or for loss, destruction, damage, deterioration or non-delivery of animlas or goods may be made,—
(a) if the passenger was, or the animals or goods were, booked from one station to another on the railway of the same railway administration, against that railway administration;
(b) if the passenger was, or the animals or goods were, booked through over the railway of two or more railway administrations, against the railway administration from which the passenger obtained his pass or purchased his ticket or to which the animals or goods were delivered f
Sections 82B, 82D and 82F of the Railways Act shall be omitted."
In section 82C of the Railways Act,—
(a) in sub-section (1), for the words ‘Claims Commissioner”, the words “Claims Tribunal’’ shall be substituted;
(b) sub-section (2) and the Explanation thereto shall be omitted.
In sections 82E, 82G and 82HH of the Railways Act, for the words “Claims Commissioner”, wherever they occur, the words “Claims Tribunal” shall be substituted."
In section 82-I of the Railways Act, for the words, figures and letters “sections 82A to 82HH”, the words, figures and letters “sections 82A, 82C, 82E and 82G to 82HH” shall be substituted."
In section 82J of the Railways Act,—"
(a) in sub-section (1), for the words, figures and letters “sections 82A to 82H inclusive”, the words, figures and letters “sections 82A, 82C, 82E, 82G and 82H” shall be substituted;
(b) in sub-section (2), clause (i) and clauses (iv) to (vi) shall be omitted.
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