Compensation to Migrants Died Aimed Covid 19 On Shramik Special Train.
RAILWAY CLAIM TRIBUNAL DECIDES CLAIMS OF SHRAMIK TRAIN DEATHS ON CASE-BY-CASE BASIS
As reported by Hindustan Times, according to Railway Protection Force report around 80 people had died on Shramik Special Trains from May 9 to May 27. These trains are specially meant for transporting stranded migrant workers returning to their home stated during Coronavirus disease (COVID-19) lockdown. Railways had clarified that deaths had occurred due to pre-existing ailments.
Railways minister Piyush Goyal in an interview said that ministry had been transparent about the deaths on board Shramik Special trains and insisted on compiling a list of them. Adding that in a long-distance travel, some deaths occur even in the normal course of operations, Minister said “Some of the stories are sought to be portrayed as if people died of hunger or starvation. I can say with confidence that no one died of hunger”.
In virtual press conference Railway Board Chairman V K Yadav said that families of those who died on Shramik Special trains can seek compensation through railways tribunal, which will decide the matter on case-by-case basis. “There is a very set procedure for claims and there is a railway claims tribunal. All these cases are basically referred to the railway claim tribunal and on case to case basis these claims and compensations are decided and there is a very well laid-out procedure for that.” he said.
He also told that ministry of railway is yet to collate the final list of deaths on board of Shramik trains.“As far as the list is concerned, basically this is a state subject and so many states are involved and all these cases handled by state governments and they only finalize the cases so all those lists are yet to be collated. So far we haven’t been able to get the information from all the states but all the state governments are looking into those cases and they will be able to share the information only when they complete all the investigation and come out with their final report,” he said.
Ex-gratia payments to victims of rail accidents provided by railways are under the Railway Act. The compensation amount for the family of deceased person is increased to Rs. 8 lakh in 2017 by national transporter. However for ‘untoward incident’ compensation can be sought under section-123 of the railways act. However compensation can be pressed through railway claim tribunal, in other cases.
Requesting anonymity, a railway official explained “Ex-gratia is given for railway accidents caused by railways itself due to derailment or collision or any other fault. For cases of untoward incidents, involving deaths or injuries caused mostly by passengers or people themselves either by trespassing or run over or accidentally falling from a train, usually no ex-gratia given. People can claim compensation through the railway claims tribunal”.
For case specific advice on ex-gratia matters related to death compensation, one may contact top/best expert Railway Claim Tribunal Lawyers in Chandigarh Panchkula Mohali Zirakpur Derabassi Kharar Mullanpur Baltana.
This post is written by Diwakar Ayyala. More on 99888-17966.