Citizens' Issues
High time to revise compensation to rail accident victims says HC

According to the High Court, under the Railways Act, the Centre could empower the Tribunal to award a fair, reasonable and just compensation analogous to the principles adopted by the Motor Accident Claims Tribunal

Chennai: The Madras High Court has said it was 'high time' that the Centre revised compensation amount being paid to victims of railway accidents and held that the outer limit of Rs4 lakh permissible by the Railways Claims Tribunal (RCT) is 'quite inadequate', reports PTI.
Dismissing an appeal by the Railways challenging a RCT order, Justice P Devadass said under the Railways Act, the Centre could empower the RCT to award a fair, reasonable and just compensation analogous to the principles adopted by the Motor Accident Claims Tribunal and the Commissioner under the Workman Compensation Act.
On 24 August 2007, one Bakkiyaraj (24), travelling by the Chennai-Mangalore Express to Karur fell and died at an unscheduled halt at the Veeravakiyam station after the train allegedly started suddenly.
His parents Periyasamy and Lakshmi said as the train was crowded, their son was standing at the entrance of the compartment and had fallen after being hit on the head by the compartment door allegedly due to the abrupt manner in which the train started.
In April 2009, Chennai Bench of RCT held that the parents of the victim were entitled to maximum compensation of Rs four lakh, against which the Southern Railways gave an appeal.
Upholding the tribunal's order, the judge said an analysis of various sections of the Railway Act made it clear that if a bona fide passenger died or sustained injuries and irrespective of negligence or contributory negligence, the railways was liable to pay compensation to the victims or the dependants.
The Judge said that under the rules governing the railways, no matter what was the extent of pecuniary and non-pecuniary losses occasioned to the families of a deceased or victims of railway accidents, a maximum compensation of Rs4 lakh, fixed on 1 November 1997, was being paid.


Shocking: US hospital refuses to give widow her husband's heart

After eight years, the US hospital that performed Jerry Carswell's autopsy acknowledges it has his heart, but still won't give it to his wife

After more than eight years, Linda Carswell finally has proof: According to photographs submitted as evidence at a recent court hearing, her husband's heart sits in a locker in the morgue of St Joseph Medical Center in Houston, stored in two plastic tubs.

But the hospital still won't return it so that Carswell can bury it with his body.

ProPublica wrote in December about Carswell's battle for the heart, and for answers about her husband's unexpected death. Jerry Carswell, 61, went to a different Houston-area hospital for kidney stones in January 2004 and was found dead in his bed after receiving pain medication on the day he was supposed to be released.


The family's experience showed how problems with clinical autopsies - which are conducted on just 5 percent of patients who die in hospitals and rarely include toxicology tests - can thwart survivors' ability to determine what happened to their loved ones.


The pathologist at St. Joseph Medical Center who conducted Jerry Carswell's autopsy never determined a cause of death. Linda Carswell sued Christus St. Catherine Hospital, the facility that treated her husband, in Harris County District Court, losing a claim for negligence, but winning a $2 million award for fraud based on the handling of the autopsy. Christus St. Catherine is appealing the verdict.

An opinion issued in June by the Texas Supreme Court says a deceased person's next of kin is entitled to possess his body and bury it. That's standard practice nationwide, said Dr. Victor Weedn, a lawyer and pathologist who is professor and chair of the George Washington University department of forensic sciences.

Weedn said he doesn't see why the hospital couldn't give Jerry Carswell's heart back and warned that it could be incurring liability by keeping it.

Erin Lunceford, an attorney for St. Joseph, told ProPublica that the hospital realizes it could be sued for the organ, but is concerned that turning it over would violate a judge's order during the negligence case to preserve evidence.

The ongoing saga turned Carswell into an advocate for improved autopsy laws and other patient rights. She said her prolonged legal struggle illustrates obstacles encountered by those harmed in medical facilities - the type often cited by members of ProPublica's Patient Harm Facebook group. Patients and their loved ones can't get answers to basic questions, encounter roadblocks in obtaining medical records and are not treated with dignity, she said.


"They don't understand the human meaning of this at all," Carswell said.




ED attaches property of 'doctor' who sold miracle drug

Munir Khan is accused of cheating over 120 persons, by claiming that his medicine 'Body Revival' can cure all diseases, including cancer

Mumbai: The Enforcement Directorate (ED) has attached property of self-proclaimed 'scientist and doctor' Munir Khan, earlier arrested on the charges of cheating and forgery, reports PTI.
"We have attached property worth Rs 6 crore," an ED official said.
Khan, arrested in May 2010 and later granted bail, is accused of cheating over 120 persons, by claiming that his medicine 'Body Revival' can cure all diseases, including cancer. He had netted some celebrity clients, police said.
A 100 ml bottle of the medicine sold for Rs16,000. TV advertisements featured Khan with yesteryear television actor Tabassum.
Tabassum has filed intervening application in the court, saying that Khan misled her into endorsing the product on TV.
In 2009, Khan's clinic at suburban Versova had been raided by the Food and Drugs Administration (FDA) officials.
He has been booked under relevant sections of Indian Penal Code, Drugs and Magic Remedies (Objectionable Advertisements) Act and Maharashtra Medical Practitioners Act.


We are listening!

Solve the equation and enter in the Captcha field.

To continue

Sign Up or Sign In


To continue

Sign Up or Sign In



The Scam
24 Year Of The Scam: The Perennial Bestseller, reads like a Thriller!
Moneylife Magazine
Fiercely independent and pro-consumer information on personal finance
Stockletters in 3 Flavours
Outstanding research that beats mutual funds year after year
MAS: Complete Online Financial Advisory
(Includes Moneylife Magazine and Lion Stockletter)