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Showing posts with label Compensation Amount. Show all posts
Showing posts with label Compensation Amount. Show all posts

Sunday, 10 September 2017

09:28

Railways Claim Tribunal To Hold Special Bench For Compensation Claims of Utkal Express Accident Victims

Railways Claim Tribunal To Hold Special Bench For Compensation Claims of Utkal Express Accident Victims
08-09-2017
Bhubaneswar

RCT TO HOLD SPECIAL BENCH FOR COMPENSATION CLAIMS OF UTKAL EXPRESS ACCIDENT VICTIMS
Hon’ble Chairman of Railway Claims Tribunal (RCT) has ordered for the Special Benches of Railway Claims Tribunals to inquire into and decide the compensation claims of the victims of the recent Kalnga Utkal Express & Kaifiyat Express accidents so that compensation can be handed over immediately without any delays.

18477 Puri-Haridwar Kalinga Utkal Express was derailed on 19.08.2017 and 12225 Azamgarh-Delhi Kaifiyat Express on 23.08.2017 in Uttar Pradesh. The Special Benches will be held at RCT Headquarters at 13/15 Mall Road, Delhi and also at five other places viz. Ghaziabad, Bhopal, Lucknow, Jaipur and Bhubaneswar from 11thSeptember to 15thSeptember, 2017 from 1100hrs (11.00A.M) to 1500hrs (03.00P.M).

Accordingly,RCT/Bhubaneswarwill hold Special Benche atOdishaForestDevelopmentCorporationLimitedBuilding (2ndFloor),PlotNumber-A/84,KharavelaNagar,Unit-III,Bhubaneswar-1as per the timing and date mentioned above.

The person who has sustained the injury or suffered any loss, any agent authorised by the victim on his behalf, guardian of the victim in case of minor or the dependant of the deceased resulted from the above accidents can file the application for compensation with all relevant identity proofs in original like Aadhar Card, Voter Identity Card, Ration Card, Family Register, Resident proof including other relevant documents.

Source:ECR
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Friday, 11 August 2017

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Tuesday, 24 November 2015

20:19

Inflation on rise, revise Compensation for Rail Accidents: Delhi HC

Inflation on rise, revise Compensation for Rail Accidents: Delhi HC

New Delhi: The Delhi high court took into account the rising inflation and reducing buying power of rupee to direct the Union government to revise the compensation paid to kin of victims of rail accidents.

There had been traditionally a disparity in compensation payable to kin of railway accident victims and those who die in air crash. A public interest litigation filed by Sethu Niket through advocate Esha Mazumdar told the HC that the compensation amount was fixed more than 15 years ago and hence warrants an urgent revision keeping in view the falling buying power of the rupee.
The petitioner had requested the HC to quash “Railway Accidents and Untoward Incident (Compensation) Rules, 1999 providing for Rs 4 lakh as maximum amount of compensation in case of death or permanent disability”.

Interestingly, more than a 100 years ago the Railways Act, 1890 had fixed responsibility for any death resulting from operation of railways and provided that the administration would be saddled with a maximum liability of Rs 10,000 for death. Mazumdar argued before a bench of Chief Justice G Rohini and R S Endlaw that though the compensation of Rs 4 lakh was determined in the year 1997, the central government had failed to revise it by amending the Rules taking into account the inflation and falling buying power of rupee.

The bench in its judgment said: “it is obligatory on the part of the Central government to update the amount of compensation taking into consideration the substantial change in the money value and the impact it has caused in the cost of living.”

“We, therefore, direct the Union of India to consider the issue of updating the upper limit of compensation prescribed under Rules 3 & $ of Compensation Rules and take appropriate steps in accordance with law,” the bench said.
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Monday, 26 October 2015

11:19

Kayakalp Panel proposes Action Plan to cut down Train Accidents

Kayakalp Panel proposes Action Plan to cut down Train Accidents

New Delhi: Railways Kaya Kalp committee, headed by industrialist Ratan Tata decided to develop an action plan to reduce the number of train accidents, amid concerns over increasing cases of human errors and huge backlog of safety-related posts lying vacant.

While examining the data on type of accidents and causes, the panel is understood to have taken stock of the railways recruitment process, considering that over 1.5 lakh safety-related posts were vacant at present. Railway minister Suresh Prabhu has earlier emphasised the need for a ‘zero accident mission’ with a definite time frame.

The meeting was the third in the series and the next one is scheduled to be held on November 6. In the first Kaya Kalp meeting, Tata had suggested an incentive-driven mechanism for employees resolving problems faced by the public transporter through innovative ideas.

Rs 200-Crore central fund for victims of rape, acid attacks, human trafficking, cross-border firing

New Delhi: The government has introduced a Central Victim Compensation Fund (CVCF) scheme with an initial corpus of Rs 200 crore, to enable support to victims of rape, acid attacks, human trafficking and women killed or injured in cross border firing.

The victims of acid attacks and rapes will now get Rs 3 lakh as part of CVCF while the compensation will rise by 50% in case the victim is less than 14 years of age.

The government aims to support and supplement the existing victim compensation schemes notified by states/UT administrations through the new scheme. A ministry of home affairs statement said that CVCF will reduce disparity in quantum of compensation amount notified by different states/UTs for victims of similar crimes.

It will also lead to effective implementation of victim compensation scheme (VCS) notified by states under provisions of Section 357A of CrPC and continue financial support to victims of various crimes especially sexual offences including rape, acid attacks, crime against children, human trafficking, etc, MHA said.

Under the new scheme, an acid attack or rape victim will get Rs 3 lakh, a minor subjected to physical abuse will be paid Rs 2 lakh, rehabilitation of victim of human trafficking – Rs 1 lakh, sexual assault (excluding rape) – Rs 50,000, death – Rs 2 lakh, permanent disability (80% or more) – Rs 2 lakh, partial disability (40% to 80%) – Rs I lakh, burns affecting greater than 25% of the body (excluding acid attack cases) – Rs 2 lakh, loss of foetus – Rs 50,000, loss of fertility – Rs 1.5 lakh and women victims of cross-border firing – Rs 2 lakh for death or permanent disability and Rs 1 lakh in case of disability (40% to 80%).

The new scheme comes in effect from August 21 this year.

The states have been asked to suitably modify the state victim compensation schemes to reduce disparity in quantum of compensation amount notified by them and claim financial support from the Central Victim Compensation Fund Scheme.
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Thursday, 8 October 2015

08:51

Forum asks railway to pay Rs 4,524 as compensation

Forum asks railway to pay Rs 4,524 as compensation

INDORE: District consumer disputes redressal forum of Indore recently ordered senior superintendent of Indore railways station to pay Rs 4,524 as compensation for not returning money even after cancelling confirmed ticket of a passenger. 

SN Tripathi, 70, a resident of Ashish Nagar on May 2009, had booked two tickets for him and his wife Sharda Tripathi from Singh photocopy agent situated at Scheme 54, for Indore-Bilaspur Narmada Express. They got waiting list 1 and 2. 

On day of departure, when the couple reached the station they found of the two, only one seat is confirmed, therefore Tripathi called the agent and asked for cancellation of tickets. In reply, the agent said they can return money of unconfirmed ticket, but they would not be able to return the money of confirmed berth and for which they would have to contact railway department officials. When contacted, station officials who informed him they would return the money for confirmed berth, but it would take three to four months. But till date Tripathi did not receive any money from the railways. Tripathi moved the consumer forum asking railways to return Rs 1,524 for confirmed ticket along with interest. 

Source:TOI
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Friday, 7 August 2015

15:45

Over 300 Accidents in 4 Years: Railway Staff were to blame in 7 cases out of 10 cases

Over 300 Accidents in 4 Years: Railway Staff were to blame in 7 cases out of 10 cases

The government defines “consequential accidents” as those with “serious repercussions in terms of loss of human life, human injury, loss to railway property or interruption to rail traffic” (Source: Parliament statement, March 16, 2015)

New Delhi: All figures except those for ‘Cost of damage’ and ‘Compensation paid’ are for “consequential train accidents (excluding incidents at unmanned level crossings caused due to negligence of road vehicle users)”.

The government defines “consequential accidents” as those with “serious repercussions in terms of loss of human life, human injury, loss to railway property or interruption to rail traffic”. Figures for 2014-15 are up to February 2015. Figures for ‘Cost of damage’ are for “consequential train accidents”. Figures for ‘Compensation paid’ are for “train accidents, untoward incidents, accidents at manned level and unmanned level crossings”. Figures for 2014-15 are provisional.

Accidents Chart

What solutions are available for disaster management?

Tackling Derailments: Prabhu’s speech for the Rail Budget 2015-2016 primarily concentrated on three key safety issues. Curbing derailments was one of them. The minister had promised primary track renewals with “modern track structure consisting of sleepers and heavier rails”, as well as better welding techniques. He had also proposed replacing analog machines with digital ones for testing of tracks.

This was similar to what Bansal had proposed: upgradation of track structure using 60 kg rails, 260 meter long welded rail-panels and improved flash butt welding technology. He had also claimed that 17 bridges identified as distressed had already been sanctioned for rehabilitation within the next one year. It is not known whether the Machak river bridge was on that list.

Accidents at level crossings: The major aspect of railway safety which both Bansal and Prabhu stressed in their respective speeches was the high number of accidents at level crossings.  Describing it as a ‘disquieting issue’ Bansal had asked for an increase in the Railways share in the Central Road Fund from the then allocation of Rs 1,100 crore to a required amount of ‘almost Rs 5,000 crore’. He had also requested increased allocation to the Railway Safety Fund. He had cited a cost of Rs 37,000 crores for eliminating 31,846 LCs, out of which 13,530 are unmanned.

Prabhu suggested more high-tech reforms, saying that the elimination of LCs and ‘the construction of Road over Bridges (ROBs) and Road under Bridges (RUBs) was the Railways’ highest priority. He also said that as a short term precaution, the RDSO has been asked to develop a suitable device in consultation with Indian Space Research Organization. This device would use geo-spatial technology for providing audio-visual warning to road users at unmanned level crossings.

Collisions: Prabhu promised to “install Train Protection Warning System and Train Collision Avoidance System on select routes at the earliest”. Bansal, too, had promised the same.

The major step taken by the UPA government was to set up a Railway safety committee under Anil Kakodkar in 2012-13. Bansal in his speech had said that the ministry had sanctioned some of the committee’s recommendations for implementation, while rest were under consideration. Prabhu promised to review all pending recommendations by the Kakodkar Committee over the next five years.

Outlook: In the past three Railway Budgets (2013-14, 2014-15 and 2015-16), Bansal’s tenure saw 2,885 track renewals while Prabhu has set a target of 2,500 renewals. The NDA’s first major rail budget has also concentrated more on the upkeep and beautification of railway stations and coaches, with a greater stress on passenger amenities and digitisation of railway resources and services.
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10:40

Chennai: The long wait for completion of the MRTS stretch be tween Velacherry and St Thomas Mount may be finally over, thanks to the Madras high court.

Chennai: The long wait for completion of the MRTS stretch be tween Velacherry and St Thomas Mount may be finally over, thanks to the Madras high court.

Marking an end of litigation over 4,530sqmt land stretching for about half a kilometer, which had delayed the Mass Rapid Transit System (MRTS) Phase-II extension, the high court has said compensation to owners of acquired land at Thillai Ganga Nagar in Nanganallur should be calculated in terms of the new land acquisition law.

In an order which means much higher compensation package to land-losers, Justice M Sathyanarayanan said: “It is not in serious dispute that only a minimal extent of land is to be taken possession and as pointed out by additional advocate general it is only about 4,530sqmt. Once it is taken possession, the project will be complete and the travelling public will be immensely benefited and traffic congestion in Chennai will also be eased.“

The judge also set aside a special tahsildar’s order fixing compensation on the basis of Land Acquisition Act 1894, and directed him to proceed under the new acquisition law ­ the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013. “This court is of the view that the interim draft award as well as notices issued under the old act have to be set aside quashed with a consequential direction directing the jurisdictional district collector competent authority to proceed afresh in terms of Sec 40(3) of the new Act.Railway authorities also are not having any serious objection for resorting to such a course. Adoption of such a course, not only advances public interest, but will also avoid further time and cost overrun in the implementation of the project,“ he observed. The order marks culmination of the second round of litigation. The first round started after authorities invoked the emergency clause and dispensed with personal hearing of land owners before their pieces of land were taken over.

The present cases are about notices being issued by the special tahsildar for MRTS phase-II extension calling upon individual land owners to appear before him in person along with documents such as title, patta and tax receipts for 30 years for receiving the compensation package. The notices were dated September 18, 2014. Land owners contested the quantum of compensation saying since the new land acquisition Act came into force on January 1, 2014, their compensation should be in terms of the new Act, and not the old one.
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Saturday, 11 July 2015

23:00

Rs.22 Crore paid as Compensation to 11/7 victims: WR officials

Rs.22 Crore paid as Compensation to 11/7 victims: WR officials

Mumbai: Western Railway (WR) will pay homage to those who lost their lives on Saturday, the ninth anniversary of the serial blasts that ripped through the lifeline of Mumbai.

The railway authorities said Rs 22 crore has been disbursed so far as compensation to those affected by the blasts.

The blasts took place within minutes in fully-packed WR trains, killing 190 people and injuring over 700. The bombs were planted in first-class coaches.

“On this solemn occasion, wreaths will be placed at Matunga Road, Mahim, Bandra, Santacruz, Jogeshwari, Borivali and Bhayander railway stations by various senior railway officers in memory of the departed souls. Two-minute silence will also be observed at these stations,” said a WR release.

Railway authorities have already paid the ex-gratia and compensation to the next of kin of those who died in the blasts and those who were injured.

According to WR officials, they have disbursed over Rs 22 crore, including medical bills amounting around Rs 6.5 crore, so far. Besides this about 126 eligible next of kin of the victims were given jobs at n various posts, as per the railway policy.

Parag Sawant, who was injured in the blast at Bhayander, died at PD Hinduja Hospital in Mahim earlier this week. He was in a vegetative state for all these years.
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Sunday, 28 June 2015

07:52

Railway Claims Tribunal/Ahmedabad imposes fine on Western Railway for Indifferent Attitude and prolonged Delays

Railway Claims Tribunal/Ahmedabad imposes fine on Western Railway for Indifferent Attitude and prolonged Delays

Ahmedabad (ADI): In a landmark judgment that will ensure that the railway ministry does not take the Railway Claims Tribunal (RCT) lightly, the RCT Ahmedabad has imposed an exemplary fine on Western Railway officials for what it called ‘indifferent attitude’ towards the functioning of the tribunal.

The RCT awards compensation to victims of train accidents, and hurdles in its functioning severely inconvenience thousands of families who lose their loved ones in such accidents.

The RCT Ahmedabad, in the judgment pronounced on Thursday, has ordered WR officials to pay a fine of Rs.100 per day for every case at the tribunal where arguments have got over but no judgment could be given because of lack of support staff — typists and stenographers. The support staff for all RCTs have to be provided by the railways and, in case of RCT Ahmedabad, by the WR.

Section 31 of the RCT (Procedure) Rules maintains that orders in a case must be passed not later than 21 days from the conclusion of arguments, something the RCT Ahmedabad has not been able to do in 134 cases because of lack of support staff. The fine covers all the 134 cases. Currently, out of a sanctioned strength of 21, the RCT Ahmedabad has only 10.

The order, given by RCT Ahmedabad Member (Technical) Nisheeth Misra and Member (Judicial) Dr Charan Singh, further laid down that the fine “shall not be paid from the railway revenue/public exchequer, but shall be recovered from the salary of the officials who have not provided sufficient PS/CA (private secretary/confidential assistants) to the RCT Ahmedabad bench”.

The order is expected to come as a wake-up call to the railway administration which for long has turned a blind eye to the working of the RCT. The RCT, a welfare legislation intended to give speedy compensation to people involved in railway accidents, is being defeated because of this indifferent attitude, which has seen case expenses up beyond permissible limits. RCT Ahmedabad has around 1,000 pending cases.

The country’s largest Railway Accident Claims Tribunal — the one in Mumbai — has been without a judge for over three-and-a-half months, leaving crores of people wanting to file accident compensation claims in the lurch.

The railway ministry has been unable to decide on a suitable candidate to fill up the post of member (technical) after the last incumbent — S Ananthanarayanan — retired after his stipulated three years on September 5 this year.
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Wednesday, 6 May 2015

07:20

House panel disagrees with Railways logic

House panel disagrees with Railways logic

Railways maintains many claims by those who fall off trains dubious, Standing Committee asks it to make commuting safer.

An attempt by the Railways to put a stop to what it believes are dubious compensation claims by train accident victims was Tuesday stalled by a parliamentary panel, which questioned the national transporter’s motive behind such a move.

The Railways had moved an amendment to the Railways Act so that it could deny compensation to victims who fell off a moving train, if it was found that the fall was because of their own fault or negligence. In effect, the Railways had implied that a large number of compensation claims were bogus, doctored or fraudulent. It also sought to shift the burden of proof on the injured passenger or kin of the deceased, who would be required to prove that the commuter had taken due care to prevent the incident.

Calling the justification by the Railways “illogical” and a “narrow interpretation” of the law, the Standing Committee on Railways under TMC MP Dinesh Trivedi said it is “perturbed by several aspects of the Bill, which can adversely affect the victims of untoward incident/accidental falling and prevent them from getting any compensation from the service provider, that is, the Indian Railways”.

While pushing for the amendment, the Railways has maintained that a large number of passengers fall off trains due to “wilful carelessness, negligence and known misadventure and attempt to entrain or detrain”, but due to omissions in the Act, they are able to get compensation on the basis of technical pleas. “In a few such cases, it is also noticed that the claims are preferred even when the dead body of the person involved is lying near the railway track and is in no way related to ‘accidental falling’,” the Railways had said — a submission that the committee found hard to believe.

Notably, BJP MP Kirit Somaiya had deposed before the Committee against the Bill’s proposals.

Compensation claims because of accidental falling have been bleeding the government’s coffers. As per data provided to the committee, in four years since 2008-09, 24,442 people died and 5,527 were injured due to “accidental falling”. The compensation for this amounted to Rs 535.70 crore. In one year, 2010-11, that amount shot up to Rs 164 crore, whereas in 1994-95, it was just Rs 26 lakh. As per the law, the compensation amount ranges between Rs 32,000 and Rs 4 lakh per victim.

The Standing Committee, instead, recommended that the Railways should install systems that prevent accidental falling. It also called for increasing the compensation amount.
As the Bill goes back without finding favour with the Standing Committee, senior Railway Ministry officials said it would be difficult to get it through the Lok Sabha, especially in light of the fact that several BJP and Shiv Sena members are opposed to its provisions.

Source :The Indian Express.


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