This is an archive article published on October 1, 2017
Elphinstone station stampede: More compensation can be claimed before Railway Claims Tribunal, says Senior Advocate Sayyed Gafoor
"Under the Act, the kin of the deceased can get compensation of up to Rs 8 lakh,” said senior advocate Sayyed Gafoor, who practices at the tribunal in Mumbai
Relatives of stampede victims at KEM Hospital on Friday. (Express Photo by Prashant Nadkar)
In addition to the Rs 5 lakh ex-gratia compensation announced by the state government, the kin of the 23 who lost their lives in the stampede at Elphinstone Road railway station and those who have been injured in the mishap, can claim further compensation before the Railway Claims Tribunal, lawyers said. Experts say that the legal recourse for the victims under the Railways Act will remain over and above the compensation promised by the government.
“The ex-gratia compensation is granted by authorities as part of what is perceived to be their moral obligation and it is over and above their legal entitlement to seek compensation. Under the Act, the kin of the deceased can get compensation of up to Rs 8 lakh,” said senior advocate Sayyed Gafoor, who practices at the tribunal in Mumbai. He added that the tribunal will decide on the compensation for injured victims on the basis of criteria like injuries or disability caused by the incident, dependents and their age and salary.
Victims or their dependents will have to claim compensation within two years. They will have to produce documents including the FIR, station diary post-mortem report in case of death, and medical certificate in case of injury along with other documents for identification.
“Once a claim is filed, a bench is assigned to hear the case. The Railways have their advocates to defend the claim. Here, the incident has occurred on a railway property. So apart from ensuring that there are no wrong claimants, the Railways do not have scope to deny compensation before the tribunal to these victims,” said Rajesh Arande, another advocate practicing at the Mumbai tribunal. He said that each claimant will have to file a separate petition to seek compensation.
The advocates said that if the victims want to file a case for negligence against the Railways, they will have to do it before the police or criminal court. Gafoor added that a similar compensation was granted by the tribunal to victims of the July 11, 2006 serial blasts. “Many are not aware of their legal entitlement of compensation beyond the ex-gratia amount announced by authorities. The victims should come forward to claim this compensation too before the tribunal,” Gafoor said.
Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues.
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Relatives of stampede victims at KEM Hospital on Friday. (Express Photo by Prashant Nadkar)
