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Moneylife » Life » Public Interest » High time to revise compensation to rail accident victims says HC

High time to revise compensation to rail accident victims says HC

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PTI | 13/07/2012 12:28 PM | 

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.

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