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In addition, the Ministry said, “Railway pays ex-gratia alleviation conscionable aft the accident/ untoward incidental nether conception 123 of Railway Act 1989. In this case, alleviation was Rs 10 lakh successful lawsuit of death, Rs 2 lakh successful lawsuit of grievous wounded and Rs 50,000 successful lawsuit of elemental injury.”
The Ministry of Railways has said that nary 1 affected by the Balasore bid mishap past twelvemonth had contested the alleviation granted to them by the nationalist transporter and asserted that immoderate compensation provided by Railway Claims Tribunals (RCT) “is implicit and supra the ex-gratia alleviation fixed by the Railways”.
Responding to a study published Saturday successful The Indian Express titled “Lives derailed, astir Balasore bid disaster victims contention Railway alleviation — and get higher grant successful Tribunal”, the Railways said, “RCT is simply a assertion tribunal, and is not an appellate tribunal. The assertion magnitude is implicit and supra the ex-gratia alleviation fixed by Railways. In galore cases, 1 tin person a assertion nether RCT and Balasore is not a standalone case. No 1 contested the Railway alleviation i.e ex-gratia.”
It said, “Ex gratia and compensation are 2 antithetic provisions and combining these is wrong…”
The Indian Express study elaborate cardinal findings from RCT lawsuit records related to the Balasore mishap successful which 297 radical were killed and implicit 800 injured — chiefly that of the 1,102 radical who were either injured oregon died successful the bid crash, 841 victims and their families had approached six RCTs to assertion compensation.
Responding to different uncovering successful the study that successful astatine slightest 215 cases of injuries, the Railways questioned the engagement of victims successful the mishap during RCT proceedings — and demanded impervious of travel, the Railways said, “Necessary documentary impervious has to beryllium produced successful the tribunal by the applicant. Railways has not demanded immoderate proof… This is (a) prerequisite for immoderate claim”.
On the uncovering that 22 cases were pending earlier the Patna RCT, the Ministry said: “It is simply a quasi judicial proceeding. It is betwixt the tribunal and the claimants for indispensable checks.”
In addition, the Ministry said, “Railway pays ex-gratia alleviation conscionable aft the accident/ untoward incidental nether conception 123 of Railway Act 1989. In this case, alleviation was Rs 10 lakh successful lawsuit of death, Rs 2 lakh successful lawsuit of grievous wounded and Rs 50,000 successful lawsuit of elemental injury.”
It said, “Claimants tin use to RCT… to get compensation arsenic per the Railway Act 1989 nether conception 129. As per the Act, compensation is being paid arsenic per the notification 1165 (E). Death lawsuit is Rs 8,00,000. Grievous wounded included successful portion II of the notification is besides Rs 8,00,000. Other injuries, magnitude of compensation differs betwixt Rs 64,000 and Rs 7,20,000.”
© The Indian Express Pvt Ltd
First uploaded on: 27-10-2024 astatine 04:05 IST
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