Rights to exgratia payment from employers

I have lost my father in an road accident on his way to home after completing duty hours in 2013. As my father was on deputation when this accident happened and moreover it was road accident the Railway department didn't grant any compensaion i.e. Exgratia payment and workmen compensation. But after continued follow up for the 4 years finally Railway department agreed to give both the compensation (Workmen and Exgratia payment) on the condition that giving a declaration that my family will not be taking a compensation from MVC (motor vehicle act).
The compensation from the MVC is yet to be settled, still the case is within the Court.
Regarding the compesnation from Railways and there condition, I have some doubt about it.
I heard that two compesation cannot be claimed for one accident, if so I hope the Workmen compensation from the Railway cannot be taken when I am going with MVC but how about Exgratia ?
I understand that Ex-gratia is lumpsum compensation to the families of Railway employees who die in harness on duty, if that is the case then why Railway saying that they cannot pay Exgratia as well if I opt for compesnation from MVC.
Please let me know whether my family has a rights to Exgratia from Railway irrespective of MVC compensation, if so then how to proceed further and also can I question about interest amount of Exgratia from Railway department for delaying it for 4 years.
Kindly suggest.


You were rightly informed that only one compensation ie MV Act or ECS could be claimed.


Sir, there are two compensations yet to be recieved from Railways i.e WCA (Workmen Compensation) and Exgratia.

If I opt for MVC then I am pretty sure I cannot claim WCA but how about Exgratia ?

Exgratia should be honoured right irrespective of I claim MVC or not .




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